Professional Documents
Culture Documents
Brian Gaintner vs. Jennifur Gaintner 14-3-03909-2
Brian Gaintner vs. Jennifur Gaintner 14-3-03909-2
NO: 14-3-03909-2
Bar # 27655
Please check one category that best describes this case for indexing purposes.
I f you cannot determine the appropriate category, please describe the cause o f action below. This will create a
Miscellaneous cause which is not subject to PCLR 3.
DOMESTIC RELATIONS
ADOPTION / PATERNITY
DISSOLUTION
/ Of Marriage with Child (DIC 3) FAM LAW
___ Of Marriage without Child (DIN 3) FAM LAW
___ Of Domestic Partnrshp w Child (DPC 3)FAM LAW
___ Of Domestic Prtnrshp w/o Child (DPN3)FAM LAW
LEGAL SEPARATION
___ Of Marriage with Children (LSC 3) FAM LAW
___ Of Marriage without Children (LsN 3)FAM LAW
___ Of Domestic Partnership w Child (SPDC 3)FAM LAW
___ Of Domestic Prtnrshp w/o Child (SPD 3)FAM LAW
____Invalidity (INV 3) FAM LAW
___ Invalidity Domestic Partnership (INP 3) FAM LAW
___ Child Custody (CUS 3) CUSTODY
___ Parenting Plan / Child Support (PPS 3) FAM LAW
DOMESTIC RELATIONS
___ Foreign Judgment Domestic (FJU 3)Non PCLR
___ Modification of Custody (MDC 3)Mod of CUSTODY
___ Modification of Support Only (MDS 3) Non PCLR
___ Reciprocal, In County (RIC 3) Non PCLR
___ Reciprocal, Out of County (ROC 3) Non PCLR
____Committed Intimate Relationship (CIR) FAM LAW
____Mi scellaneous (MSC 3) Non P CLR
Mandatory Wage As signment (MSC 3) Non PCLR
Out of State Custody (MSC 3) Non PCLR
MISCELLANEOUS__________________
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
No. 14-3-03909-2
Petitioner(s)
vs.
JENNIFUR GAINTNER
Respondent(s)
In accordance with PCLR 40(d), this case is hereby assigned to Department 02, Judge KATHERINE M. STOLZ.
Notice to Petitioner:
Once the case has been filed, the petitioner(s) shall serve a copy of this Order Assigning Case to Judicial
Department on the respondent(s) with the summons and petition. Provided, however, that in those cases where
service is by publication the petitioner shall serve a copy of this Order Assigning Case to Judicial Department
within five (5) court days of service of the respondent's first response/appearance. If the case has not been filed,
but an initial pleading is served, a copy of this Order Assigning Case to Judicial Department shall be served within
five (5) court days of filing. PCLR 1(b).
Trial Date:
A trial date may be obtained pursuant to PCLR 40(d) by filing a 'Note of Issue' for assignment of a trial date by
noon at least six (6) court days prior to the date fixed for assignment of the trial date. PCLR 40(d)
If a trial date is not obtained pursuant to PCLR 40(d), failure to appear on this date will result in dismissal of
the case by the Court. PCLR 40(d)
Assignment to Set Trial Date
At that time the Court will provide you with a Case Schedule which shall include the trial date.
Certificate of Completion of Mandatory Parenting Seminar due from both parties by 12/09/2014. See
PCLSPR 94.05(c). https:\\www.co.pierce.wa.us\pc\services\lawjust\parentingseminars.htm
Uncontested Dissolutions/Settlements:
If this case is agreed upon by both petitioner(s) and respondent(s) who are represented by attorneys, you are not
required to wait for the trial date in order to settle your case; after appropriate time requirements have been met,
final pleadings may be presented in Ex Parte. If you are self represented and settle your case and the
appropriate time requirements have been met, you may file a Note for Pro Se/Self Represented Dissolution
Calendar to appear before a Court Commissioner for entry of final papers.
E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHIN
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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No.
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and
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JENNIFER GAINTNER
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Petitioner,
Respondent.
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I. Basis
1.1
Identification of Petitioner
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1.2
Identification of Respondent
Name (first/last) Jennifur Gaintner, Birth date 10/31/1971
Last known residence Pierce County, WA,
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Pet for Disso of Marriage (PTDSS) - Page 1 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
1.3
The petitioner and respondent are both the legal (biological or adoptive) parents of the
following dependent children:
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Separation
Petitioner and respondent separated on July 1, 2013.
This is the date the parties moved into separate residences.
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1.7
Jurisdiction
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Property
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There is community or separate property owned by the parties. The court should make
fair and equitable division of all the property.
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1.9
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The parties have debts and liabilities. The court should make a fair and equitable division
of all debts and liabilities.
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The division of debts and liabilities should be determined by the court at a later date.
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Pet for Disso of Marriage (PTDSS) - Page 2 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
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Maintenance
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Protection Order
If you need immediate protection, contact the clerk/court for RCW 26.50 Domestic
Violence forms or RCW 10.14 Antiharassment forms.
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1.13
No party is pregnant.
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Pregnancy
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This court has jurisdiction over the child for the reasons set forth below.
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This state is the home state of the child because the child lived in Washington with a
parent or a person acting as a parent for at least six consecutive months immediately
preceding the commencement of this proceeding.
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1.15
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A parenting plan and an order of child support pursuant to the Washington State child
support statutes should be entered for the following child who are dependent upon both
parties.
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Names of Children
Sebastian Gaintner
The petitioner's proposed parenting plan for the child listed above is attached and is
incorporated by reference as part of this Petition.
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(The following information is required only for the child who is included in the
petitioner's proposed parenting plan.)
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Pet for Disso of Marriage (PTDSS) - Page 3 of 5
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020
Law Office of
Jennifer A. Win g , PLLC
4041 Ruston Way Suite 200
Tacoma, WA 98402
(253) 627-1762
During the last five years, the child has lived in no place other than the State of
Washington and with no person other than the petitioner or the respondent.
The petitioner does not know of any person other than the respondent who has physical
custody of, or claims to have custody or visitation rights to, the child.
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The petitioner has not been involved in any other proceeding regarding the child.
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The petitioner does not know of any other legal proceedings concerning the child.
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Other
N/A
II. Relief Requested
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The petitioner requests the Court to enter a decree of dissolution and to grant the relief below.
Approve the petitioner's proposed parenting plan for the dependent child listed in
paragraph 1.15.
Determine support for the dependent child listed in paragraph 1.15 pursuant to the
Washington State child support statutes.
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Award the tax exemptions for the dependent child listed in paragraph 1.14 as follows:
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Alternate the tax exemption with Father claiming in even years and Mother claiming in
odd years.
Order payment of attorney fees, other professional fees and costs.
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the laws of the State of Washington that the foregoing is true and
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Signed
[State] on
[Date].
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Signature of Petitioner
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Pet for Disso of Marriage (PTDSS) - Page 10 of 10
WPF DR 01.0100 Mandatory (6/2014) - RCW 26.09.020
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-176:
E-FILED
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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No.
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Petitioner,
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and
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JENNIFUR GAINTNER
Respondent.
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Summons
(SM)
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1.
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Additional requests, if any, are stated in the petition, a copy of which is attached to this
summons.
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The petitioner has started an action in the above court requesting that your marriage be
dissolved.
1.
You must respond to this summons and petition by serving a copy of your written
response on the person signing this summons and by filing the original with the clerk of
the court. If you do not serve your written response within 20 days (or 60 days if you are
served outside of the state of Washington) after the date this summons was served on you,
exclusive of the day of service, the court may enter an order of default against you, and
the court may, without further notice to you. enter a decree and approve or provide for the
relief requested in the petition. In the case of a dissolution of marriage or domestic
partnership, the court will not enter the final decree until at least 90 days after filing and
service. If you serve a notice of appearance on the undersigned person, you are entitled to
O fr tc e
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This form may be obtained by contacting the clerk of the court at the address below, by
contacting the Administrative Office of the Courts at (360) 705-5328, or from the Internet
at the Washington State Courts Homepage:
http://www.courts.wa.gov/forms
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5.
If this action has not been filed with the court, you may demand that the petitioner file
this action with the court. If you do so, the demand must be in writing and must be
served upon the person signing this summons. Within 14 days after you serve the
demand, the petitioner must file this action with the court, or the service on you of this
summons and petition will be void.
6.
If you wish to seek the advice of an attorney in this matter, you should do so promptly so
that your written response, if any, may be served on time.
7.
One method of serving a copy of your response on the petitioner is to send it by certified
mail with return receipt requested.
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This summons is issued pursuant to RCW 4.28.100 and Superior Court Civil Rule 4.1 of the state
of Washington.
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Summons (SM) - Page 2 of 2
WPF DR 01.0200 Mandatory (6/2008)- CR 4.1
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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Based on the declaration below, the undersigned moves the court for a temporary order which:
statutes
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Mtn/Decl for Temp Ord (MTAF) - Page 1 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacom a, WA 98402
(253) 627-1762
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To Wife:
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*Husband has paid Wife's mortgage and utilities current through October 31,
2014.
authorizes the family home to be occupied by the respondent,
orders the use of property:
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To Husband:
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To Wife:
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Mtn/Decl for Temp Ord (MTAF) - Page 2 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
Orders that the parties may file income taxes for years 2013, if not filed, and 2014 as
Married, Filing Separately. Should the parties file jointly, Wife to be 100% liable for the
portion of any tax liability incurred or reduction in refund due to her not claiming taxes
while collecting unemployment. Should the parties file separately, Mother may claim
youngest child, Sebastian, as an exemption in odd years and Father may claim Sebastian
in even tax years.
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Dated:
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Mtn/Decl for Temp Ord (MTAF) - Page 3 of 3
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060;. 110;. 120;. 194
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
IN COUNT
PIERCE CO'
October
KE
COt
NO: 1
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NO.
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Petitioner,
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and
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JENNIFUR GAINTNER,
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Respondent
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I,
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Requested Relief. I request that the court enter the following relief:
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Background of Marriage. Jennifur and I married in December 1992. I was 23 and she
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was 21. We have three children, Kyle (23 years old), Kristian (19 years old), and Sebastian (12
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years old). Kristian currently lives with me and Sebastian lives with Jennifur. Through the
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years, we both worked hard to support our family. We are both high school graduates. I am an
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electrician and Jennifur has worked in management in retail (e.g. Target, Lowes). While we
Law Office of
went to counseling several times over the years, we decided to separate in July of 2013. Since
that time, Jennifur has lived in the family home and I have been in a rental home six miles from
the family home. Our son, Sebastian, attends Hudtloff Middle School in Lakewood. As
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described below, Jennifur was terminated from her job at Lowe's almost a year ago, in
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November 2013, and has not sought employment since that time. I graduated from Clover Park
High School in 1987. I worked for various electrical companies over the years, but formed my
own business in 2004 with a partner. Ultimately, due to the downturn in the economy in 2008,
my partner and I dissolved the company. I formed my current company, Accuracy Electric LLC,
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in 2010 and have been self-employed since that time. Our two oldest sons, Kyle and Kristian,
are employed by me as electrician apprentices and I currently pay them Kyle $ 16/hour and
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Kristian $11/hour.
The Court should Adopt mv Proposed Parenting Plan.
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Jennifur and I both have strong relationships with our children. We are both in regular
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contact with our two older children, Kyle and Kristian and, as stated above, Kristian still lives
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with me. Over the years, we have both parented Sebastian. When Jennifur worked in retail, I
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performed most parenting duties for Sebastian because Jennifur worked evenings, week-ends and
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holidays. Sebastian and I played basketball, went to the movies, played videogames, and did
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Since Jennifur and I separated, we have not had a parenting plan or official schedule
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for Sebastian. When Jennifur was still working (July, 2013 until November, 2013), Sebastian
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was with me most of the time. After her termination from Lowes in November 2013, Jennifur
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had the time to take Sebastian to and from school, stay with him for school holidays and has
been with him this past summer. After she lost her job and she was home with Sebastian, I
DECLARATION OF BRIAN GAINTNER - 2
Law Office of
suddenly rarely saw him. I did not have a regular schedule (and still do not) and Jennifur has
dictated when I see him and for how long. Currently, Jennifur brings Sebastian over to my house
to see me on almost a nightly basis. Jennifur often stays in the car outside my house while he
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runs in to see me for 10-15 minutes. 1 have had him over some week-ends, but often my week
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end time is cut short because Jennifur and Sebastian have something else planned.
Jennifur is still not working and has no work schedule. I work Monday through Friday
from 4:30 a.m. to 6:00 p.m. I also work some Saturdays, but since I own my business, I can take
off the Saturdays I have with Sebastian. Until Jennifur has a job, I propose that Sebastian
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continue to reside with her as the primary caretaker. I further propose that I be given visitation
every other week-end from Friday at 6:00 p.m. to Sunday at 7:00 p.m. and every Wednesday
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evening from 5:30 p.m. to 8:30 p.m. During our weekday time, I will have Sebastian over to my
house for dinner and we could relax together, play sports, do homework or just hang out
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together. I look forward to more regular time with Sebastian. I feel I need more designated time
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I love my son and want to ensure that I have consistent, designated time with him. By
adopting my proposed parenting plan, Sebastian will have the consistency of being with Jennifur
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as has been the case over the last year, but will have time with me as well on a consistent basis.
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depends on the jobs and contracts I bid on and am able to secure. In 2012 and 2013 I made
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approximately $80,000 annually. In 2013/beginning of 2014, I was having a very good year as I
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had secured a contract for the construction of condominiums in Issaquah, which was very busy
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and lucrative. I no longer have that job and I am now working on single family residential
construction, typically two new houses per month. Again, it all depends on the bidding process
DECLARATION OF BRIAN GAINTNER - 3
Law Office of
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and actually getting the jobs. I have recently had to lay off my top journeyman for the next
month or so until work picks up again, if it does. This year I am on course to make a little under
$110,000. This is based on my ytd pay through August and anticipating I can pay myself the
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same amount for the remainder of the year. I averaged the officer compensation from the last
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two years for this year as well. Of course, my income is all dependent on the economy and can
fluctuate greatly from year to year and month to month.
Jennifur has always excelled in retail. She started at Target and worked her way up to a
front end manager. While at Target, management from Lowes recruited her when they were
building the new Lowes in Lakewood approximately 12 or 13 years ago. She secured the
Lowes job and was a manager at Lowes working the front end. She was responsible for
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ordering, scheduling and managing employees. Jennifur worked at Lowes since its opening.
Prior to losing her job, Jennifur earned $41,500 per year. See her 2012 W2 filed under seal. She
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is a bright, organized and motivated person and I am confident she can find a well-paying job. I
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have mentioned to her that Home Depot is hiring, that a new Bass Pro Shop is opening, etc.,
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however, Jennifur has stated that she no longer wants to work retail and wants a 9-5 type job. I
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understand that she may not want to work in retail given its long hours including week-ends and
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holidays, but 1 have not seen any effort on her part to obtain employment in any field for the past
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year. I am also uncertain if she is still collecting unemployment which was approximately $500
gross per week.
Order of Child Support. I am proposing temporary child support using my income of
$108,800 annually (which is on the higher end) and $40,000 annually (Jennifur - imputed at her
historical rate of earnings), for a child support transfer payment to Jennifur of $ 1,076.41. This
includes a credit of $30.00 per month that I pay towards Sebastian's medical premiums.
DECLARATION OF BRIAN GAINTNER - 4
Law Office of
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Given the downturn in the economy in 2008 (particularly to the construction industry), we had to
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declare bankruptcy about one year ago. In the bankruptcy, our credit card debt was forgiven but
the 2007 Hyundai Tucson loan and house was not. I pay the trustee $830 per month on a balance
owing of $19,920.00. I have been paying this for the last year and a half and it is my
understanding that I have another year and a half of payments (36 months total). I am unsure
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what would happen to the vehicle that Jennifur drives should I stop paying on this community
debt but I am checking with our bankruptcy attorney for direction.
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For the past year since separation, I have paid my own personal expenses, including my
rent of $1,100, as well as the following expenses for Jennifur:
a. Mortgage on family home ($ 1,215 per month);
b. All of the utilities on family home incurred by Jennifur:
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Electric;
Gas;
Sewer;
Water;
Garbage;
Cable (Internet)
Direct TV
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I simply cannot continue to support Jennifurs unemployment and pay all of her bills. It
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has been almost a year since she lost her job at Lowes and I do not believe she is even actively
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looking for work. As of October, 2014,1 had to stop paying for her satellite television, internet,
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and garbage bill as I simply cannot afford it. I have paid the mortgage on the family home that
DECLARATION OF BRIAN GAINTNER - 5
Law Office of
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she and Sebastian are living in at $1,215 per month and this is paid through the end of October,
2014. As my financial declaration shows, I live very modestly while trying to pay for two
households. 1 have taken on all of our community debt as well as all of our separate debt sino
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July, 2013, and I simply cannot continue to do so. I am proposing that Jennifur now be
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responsible for the mortgage on the home and all of her utilities (with the exception of the sewer
for the home as I do not want a lien). I will pay my bills as set forth on my financial declarati on
to include Jennifurs sewer bill, the $830 monthly payment to the bankruptcy trustee, health
insurance for the family and car insurance for the vehicle that Jennifur drives.
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Jennifur may find that without a job she can no longer stay in the family home. Since we
no longer have credit due to the bankruptcy, the only option may be to allow the home to go into
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foreclosure. Jennifur can remain there mortgage free until such time as it is foreclosed upon, I
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am also seeing if the community debt payment to the Bankruptcy Trustee can now cease with out
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Conclusion. I respectfully request the Court adopt my temporary parenting plan and my
proposed order of child support and order my proposed payment of liabilities.
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Law Office of
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BRIAN GAINTNER
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Law Office of
E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHIN
October 07 2014 10:48
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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No.
BRIAN GAINTNER
Parenting Plan
Proposed (PPP)
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Petitioner,
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and
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JENNIFUR GAINTNER
Respondent.
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I. General Information
This parenting plan applies to the following child:
Name
Age
Sebastian Gaintner
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Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
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Under certain circumstances, as outlined below, the court may limit or prohibit a parent's
contact with the child and the right to make decisions for the child.
2.1
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III. Residential Schedule
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The residential schedule must set forth \\>here the child shall reside each day o f the year,
including provisions for holidays, birthdays o f family members, vacations, and other special
occasions, and what contact the child shall have with each parent. Parents are encouraged to
create a residential schedule that meets the developmental needs o f the child and individual
needs o f their family. Paragraphs 3.1 through 3.9 are one way to write your residential
schedule. I f you do not use these paragraphs, write in your own schedule in Paragraph 3.13.
3.1
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School Schedule
Upon enrollment in school, the child shall reside with the respondent, except for the
following days and times when the child will reside with or be with the other parent:
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From Friday, 6:00 p.m. to Sunday, 7:00 p.m. every other week
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3.3
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The child shall reside with the respondent during winter vacation, except for the
Parenting Plan (PPP, PPT, PP) Page 2 of 10
WPF DR 01.0400 Mandatory (6 /2 0 0 8 )-RCW 26.09.181; .187; .194
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. w ..
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Jennifer A. Wing, PLLC
T
following days and times when the child will reside with or be with the other parent:
Father shall have the first portion of winter vacation in odd years and the second portio
of winter vacation in even years. The first portion commences at 6:00 p.m. the day
school lets out until 10:00 a.m. on Christmas Day. The second portion commences at
10:00 a.m. on Christmas Day until the evening prior to school commencing at 7:00 p.m.
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The parties to share the spring vacation equally with a Wednesday evening exchange at
6:30 p.m. The Monday/Tuesday and Thursday/Friday shall coordinate with that parent
residential weekend.
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3.5
Summer Schedule
Upon completion of the school year, the child shall reside with the respondent, except for
the following days and times when the child will reside with or be with the other parent:
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3.6
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Each party may take up to two weeks vacation with the child either consecutively or
inconsecutively. The parties to provide each other with their respective vacation plans no
later than May 1st of each year. Should there be a conflict in schedules, then Father shall
have priority in odd years and Mother shall have priority in even years.
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3.7
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The residential schedule for the child for the holidays listed below is as follows:
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With Father
(Specify Year
Odd/Even/Every)
With Mother
(Specify Year
Odd/Even/Every)
Odd
Even
Odd
Even
Even
Odd
Even
Odd
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
July 4th
Labor Day
Veterans' Day
Thanksgiving Day
Christmas Eve
Christmas Day
2
3
4
Odd
Even
Odd
Even
Odd
Even
Even
Odd
Even
Odd
Even
Odd
For purposes of this parenting plan, a holiday shall begin and end as follows (set forth
times):
6
New Year's Day includes New Year's Eve commencing at 6:30 p.m. until 7:00 p.m. on
the holiday.
July 4th is an overnight holiday commencing at 10:00 a.m. on the 4th until 10:00 a.m. on
the 5th.
Thanksgiving holiday commences Wednesday evening at 6:30 p.m. until Sunday evening
at 7:00 p.m.
10
11
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
13
14
3.8
15
16
With Father
(Specify Year
Odd/Even/Every)
17
18
19
Mother's Day
Father's Day
Sebastian's Birthday
20
21
With Mother
(Specify Year
Odd/Even/Every)
Every
Every
Odd
Even
22
Should Sebastian's birthday fall on a weekday, then visitation shall be from 5:30 p.m.
until 8:30 p.m.
23
24
3.9
25
Law Office of
Jennifer A. Win g, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:
Rank the order of priority, with 1 being given the highest priority:
4
5
6
3.10
Restrictions
Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
8
9
3.11
10
Transportation Arrangements
11
Transportation costs are included in the Child Support Worksheets and/or the Order of
Child Support and should not be included here.
12
13
14
3.12
15
Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with
the respondent. This parent is designated the custodian of the child solely for purposes of
all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and responsibilities under
mdt
this parenting plan.
16
17
18
3.13
Other
19
20
21
3.14
22
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
23
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
24
25
If the move is outside the child's school district, the relocating person must give notice by
Parenting Plan (PPP, PPT, PP) Page 5 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181;. 187; . 194
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
2
3
4
5
personal service or by mail requiring a return receipt. This notice must be at least 60 days
before the intended move. If the relocating person could not have known about the move
in time to give 60 days' notice, that person must give notice within 5 days after learning of
the move. The notice must contain the information required in RCW 26.09.440. See also
form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
6
7
8
9
10
Notice may be delayed for 21 days if the relocating person is entering a domestic violence
shelter or is moving to avoid a clear, immediate and unreasonable risk to health and
safety.
If information is protected under a court order or the address confidentiality program, it
may be withheld from the notice.
11
A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.
12
Failure to give the required notice may be grounds for sanctions, including contempt.
13
14
15
16
17
18
A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.
19
20
21
22
23
The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
24
25
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
4.1
Each parent shall make decisions regarding the day-to-day care and control of each child
while the child is residing with that parent. Regardless of the allocation of decision
making in this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.
3
4
5
Day-to-Day Decisions
4.2
Major Decisions
Education decisions:
joint
joint
Religious upbringing:
joint
Drivers License:
joint
Extracurricular Activities:
joint
9
10
11
12
4.3
13
14
Does not apply because there are no limiting factors in paragraphs 2.1 and 2.2 above.
15
16
V. Dispute Resolution
18
The purpose o f this dispute resolution process is to resolve disagreements about carrying out this
parenting plan. This dispute resolution process may, and under some local court rules or the
provisions o f this plan must, be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.
19
17
20
21
22
23
24
25
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
1
2
3
4
5
6
7
8
9
10
11
B. Each parent agrees to exert every reasonable effort to maintain free access and unhampered
contact and communication between the child and the other parent, and to promote emotions of
affection, love and respect between the child and the other parent. Each parent agrees to refrain
from words or conduct which would have a tendency to estrange the chid from the other parent,
to damage the opinion of the child as to the other parent,or which would impair the natural
development of the child's love and respect for the other parent. Each parent agrees and
understands that words or conduct which have a tendency to estrange or diminish the opinion of
the child from the other parent, also tends to diminish the child's self-esteem and self-worth.
C. Each parent agrees to honor the other's parenting style, privacy and authority, so long as it is
not adverse to the child's best interest. Neither parent shall interfere in the parenting style of the
other, nor shall either parent make plans or arrangements that would impinge upon the other
parent's authority or time with the child without the express agreement of the other. Each parent
shall encourage the children to discuss his or her grievance against the parent directly with the
parent in question. It is the intent of both parents to encourage direct parent-child
communication and bonding.
D. Each parent shall have equal authority to confer with school, daycare, health and other
program personnel regarding the child's progress, and each parent shall have full and equal access
to the education and healthcare records of the child.
12
13
14
15
16
E. Each parent shall inform the other when that parent plans to be away from his or her residence
with the child for more than two consecutive nights. The information to be provided shall
include duration of the period, the destination(s) and destination telephone number(s). This
provision is included solely for the purpose of knowing the parent's and child's location in the
event of an emergency and is not meant to be intrusive.
F. Neither parent shall advise the child of the status of child support payments or other legal
matters regarding the parental relationship and obligation.
17
18
19
20
21
22
23
G. Neither parent shall use the children, directly or indirectly, to gather information about the
other parent or take verbal messages to the other parent.
H. Each parent shall have the right and responsibility to insure that the children attend school or
other scheduled activities while in that parent's care. Activities shall not be scheduled to
unreasonably interfere with the other parent's residential time with the child.
I. Each parent shall provide the other parent with the address and telephone number of their
residence and update such information promptly whenever it is anticipated to change or changes.
"Reasonableness" is defined at least 30 days in advance of a scheduled move, or within 72 hours
of an unscheduled move.
24
25
Law Office of
.
T _
Jennifer A. Wing, PLLC
.r
1
2
3
4
J. Neither parent shall ask the child to make decisions or requests involving the residential
schedule with the children except for plans which have already been agreed to by both parents in
advance.
K. Neither parent shall encourage the child to change his or her primary residence or encourage
the child to believe that it is his or her choice to do so. It is a choice which will be made by the
parents, or if they cannot agree, the courts.
6
VII. Declaration for Proposed Parenting Plan
7
(Only sign if this is a proposed parenting plan.) I declare under penalty of perjury under
the laws of the State of Washington that this plan has been proposed in good faith and
that the statements in Part II of this Plan are true and correct.
8
9
s
10
11
.
~
f -----
^
____ 1
Brian Gaintner
Petitioner
(a ) A____________
12
13
14
15
16
17
It is ordered, adjudged and decreed that the parenting plan set forth above is adopted and
approved as an order of this court.
WARNING: Violation of residential provisions of this order with actual knowledge of its terms
is punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
9A.40.070(2). Violation of this order may subject a violator to arrest.
18
19
20
21
When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
plan are not affected.
22
23
Dated:______________________________
__________________
Judge/Commissioner
24
25
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
Presented by:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Law Office of
Jennifer A. Win g, PLLC
4041 Ruston Way Suite 200
Tacoma, WA 98402
(253) 627-176 2
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 07 2014 10:48 AM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
(CSWP)
Father
$9,066.70
Mother
$3,333 30
$9,066.70
$3,333 30
$1,770.51
$693.61
$202 65
$254 99
$2,464.12
$457 64
$6,602.58
$2,875 66
$9,478.24
$1,557.00
.697
.303
$471.77
$1,085.23
$1,216 .00
$471. 77
$1,085.23
Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8
10. Health Care Expenses
a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d.Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d. Other Special Expenses (describe)
Father
$30.00
Mother
$30.00
$30.00
.
-
$30.00
$20.91
$9.09
$1,106.14
$480.86
$30.00
-
$30.00
$1,076.14
$480.86
$2,971.16
$1,294.05
$271.31
$117. 94
a. Real Estate
b. Investments
c. Vehicles and Boats
d. Bank Accounts and Cash
e. Retirement Accounts
f. Other: (describe)
Father's
Household
Mother's
Householc1
Father's
Household
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))
Mother's
Household
-
26.
Other Factors For Consideration
Father's income based on 2014 ytd and average of officer wages for annual of $108,800; Taxes:
Married/1
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2
Judicial/Reviewing Officer
Date
WORKSHEET SYNOPSIS
FATHER
MOTHER
COMBINED
$6,602.58
.697
$2,875.66
.303
$9,478.24
$1,085.23
$20.91
$471.77
$9.09
7.
$1,106.14
$480.86
4.
$1557.00
TOTAL
$1,557,00
TOTAL OBLIGATION
$30.00
TOTAL CREDITS
Father Pays Mother
SupportCa/c 2014
$30.00
$1076.14
$30.00
E-FILED
IN COUNTY CLERK'S OFF
PIERCE COUNTY, WASHINi
October 07 2014 10:48 A
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
7
S u p e rio r C o u r t o f W a sh in g to n
C o u n ty of F IE R C E
8
In re:
BRIAN GAINTNER
10
P e titio n e r,
11
F in a n c ia l D e c la ra tio n
And
|X |P e titio n e r
JENNIFUR GAINTNER
[ (R espondent
(F N D C L R )
12
R esp o n d en t,
13
Name: Brian Gaintner
14
15
16
I. S u m m a r y o f B a s i c I n f o r m a t i o n
[X]
17
[]
18
19
20
II. P e r s o n a l I n f o r m a t i o n
2.1
Occupation: Electrician
2.2
2.3
[X] Yes
[ ] No
( 1) Where do you work. Employer's name and address must be listed on the
C o n fid en tial In fo rm atio n F orm .
21
22
S6.602.58
S3.452.00
$830.00
$4,282.00
$3,333.30
Unknown
2010
23
24
25
Financial Declaration (FNDCLR) - Page 1 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCa/c/FD 2014
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
1
III. Income Information
2
3
4
5
If child support is at issue, complete the Washington State Child Support Worksheet(s), skip Paragraphs 3.1 and
3.2. If maintenance, fees, costs or debts are at issue and child support is Not an issue this entire section should be
completed. (Estimate of other party's income information is optional.)
3.1
6
7
8
9
10
11
T o ta l G ro ss M o n th ly In co m e
h.
S 9,0 6 6 .7 0
$3,3 3 3 .3 0
12
13
3.2
14
15
16
17
Income Taxes
FICA/Self-employment Taxes
State Industrial Insurance Deductions
Mandatory Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
T o ta l D e d u c tio n s fro m G ro ss Incom e
Brian Gaintner
$1,770.51
$693.61
Jennifur Gaintner
$202.65
$254.99
$ 2 ,4 6 4 .1 2
S 457.64
18
19
3.3
M o n th ly N et In co m e
S6,602.58
$2,875.66
20
21
22
23
24
25
Financial Declaration (FNDCLR) - Page 2 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCo/c/FD 2014
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
3.4
2
3
Miscellaneous Income
a. Child support received from other relationships
Name:
Name:
b. Other miscellaneous income
Brian Gaintner
Jennifur Gaintner
4
5
6
7
8
9
10
11
c.
12
13
3.5
14
3.6
If the income of either party is disputed, state monthly income you believe is correct and
explain below:
4.1
4.2
4.3
Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:
15
16
17
18
4.4
S45.00
-
19
V. Monthly Expense Information
20
21
22
23
24
Monthly expenses for myself and 1 dependents are: (Expenses should be calculated for the future, after separation,
based on the anticipated residential schedule for the children.)
5.1
Housing
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing
S1,100.00
SI,100.00
25
Financial Declaration (FNDCLR) - Page 3 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCa/c/FD 2014
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
5.2
2
3
4
Utilities
Heat (gas & oil)
Electricity
Water, sewer, garbage
Telephone
Cable
Other: DirectTV
T o ta l U tilities
$60.00
$100.00
$120.00
$90.00
$65.00
$80.00
S 515.00
5.3
8
9
T o ta l F ood S u p p lies
5.4
10
11
12
5.5
14
5.6
17
18
20
21
22
Transportation
Vehicle payments or leases
Vehicle insurance & license
Vehicle gas, oil, ordinary maintenance
Parking
Other transportation expenses
T o tal T ra n s p o r ta tio n
15
19
Children
Day Care/Babysitting
Clothing
Tuition (if any)
Other child-related expenses
T o tal E xpenses C h ild re n
13
16
5.7
$400.00
$75.00
$ 100.00
S 575.00
$50.00
S 5 0 .0 0
$270.00
$400.00
$670 .0 0
$317.00
$25.00
$34 2 .0 0
$50.00
$25.00
$50.00
$25.00
$50.00
$ 200.00
23
24
25
Financial Declaration (FNDCLR) - Page 4 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCa/c/FD 2014
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
5.8
2
3
Miscellaneous Expenses
Life insurance (if not deducted from income)
Other:
Other:
T o ta l M iscellan eo u s E x p en ses
5.9
S 3,452.00
6
7
8
9
10
11
12
5.11
Other Debts and Monthly Expenses not Included in Paragraphs 5.1 - 5.8
Month of
Creditor/Description of Debt
Balance
Last Payment
Bankruptcy Trustee
$19,920.00
Current
Amount of
Monthly Payment
$830.00
13
14
15
16
17
18
19
20
21
22
23
24
25
Financial Declaration (FNDCLR) - Page 5 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCa/c/FD 2014
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
1
2
S830.00
S4,282.00
3
VI. Attorney Fees
4
6.1
6.2
6.3
6.4
6.5
Other:
$3,000.00
9
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct.
10
11
12
13
14
15
Signed at
, [City]
[State] on_ 2 . ^
O o m j& kel
/
u
LL
nan Gaintner
Signature o f Declarant
The following financial records are being provided to the other party' and filed separately with the court.
Financial records pertaining to myself:
16
17
18
19
20
21
[ ] Other:
Do not attach these financial records to the financial declaration. These financial records should be served on
the other party and filed with the court separately using the sealed financial source documents cover sheet
(WPF DRPSCU 09.0220). If filed separately using the cover sheet, the records will be sealed to protect your
privacy (although they will be available to all parties in the case, their attorneys, court personnel and certain
state agencies and boards.) See GR 22 (c)(2).
22
23
24
25
Financial Declaration (FNDCLR) - Page 6 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.
J E N N IF U R G A IN T N E R
R e s p o n d e n t(s )
Phone:
Respondent
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion - Tem porary O rder
Calendar: Show Cause/Family Law
O c to b e r 7, 2 0 1 4 .
Signed:
/s / J E N N IF E R A N N W IN G
NAME:
J E N N IF E R A N N W IN G
Phone:
(2 5 3 ) 6 2 7 -1 7 6 2
WSBA#:
For:
ADDRESS:
4 0 4 1 R u s to n W a y S te 2 0 0
T A C O M A , W A 9 8 4 0 2 -5 3 0 0
27655
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
NO. 14-3-03909-2
NOTICE OF APPEARANCE
JENNIFUR GAINTNER
_______________ Respondent(s)
TO: Clerk of the Court
AND TO: JENNIFER ANN WING, attorney for Petitioner, BRIAN GAINTNER, SEBASTIAN
GAINTNER
PLEASE TAKE NOTICE that JASON P BENJAMIN, appears herein on behalf of the
Respondent(s) JENNIFUR GAINTNER and requests that all further pleadings and paper, except
original process, be served upon said attorney at the address listed below.
ntaprsup-0001 .pdf
Benjamin &Healy
1201 Pacific Ave Ste C7
TACOMA wa 9842-4393
(253)512-1196
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
IN THE SUPERIOR COURT, IN AND FOR THE COUNTY OF PIERCE, STATE OF WASHINGTON
IN RE THE MARRIAGE OF: BRIAN GAINTNER
Plaintiff/Petitioner
vs.
JENNIFUR GAINTNER
Defendant/Respondent
Cause No.:
14-3-03909-2
Hearing Date: 11/03/2014
DECLARATION OF SERVICE OF
NOTE FOR COMMISSIONER'S CALENDAR; SUMMONS;
PETITION FOR DISSOLUTION OF MARRIAGE; MOTION
AND DECLARATION FOR TEMPORARY ORDER;
DECLARATION OF BRIAN GAINTNER IN SUPPORT OF
MOTION FOR TEMPORARY ORDERS; PARENTING PLAN
PROPOSED; WASHINGTON STATE CHILD SUPPORT
SCHEDULE WORKSHEETS; FINANCIAL DECLARATIONPETITIONER; SEALED FINANCIAL SOURCE DOCUMENTS
The undersigned hereby declares: That s(he) is now and at all times herein mentioned was a citizen of
the United States, over the age of eighteen, not an officer of a plaintiff corporation, not a party to nor
interested in the above entitled action, and is competent to be a witness therein.
On the 20th day of October, 2014 at 7:08 PM at the address of 7601 76TH AVE. SW, LAKEWOOD,
Pierce County, WA 98498; this declarant served the above described documents upon JENNIFUR
GAINTNER by then and there personally delivering 1 true and correct copy(ies) thereof, by then
presenting to and leaving the same with JENNIFUR GAINTNER, Who tried to refuse service, with
identity confirmed by verbal communication, a blonde-haired white female approx. 25-35 years of
age. Her son who answered stated I will go get her.
No information was provided or discovered that indicates that the subjects served are members of the
United States military.
Service Fee Total: $ 69.50
Tracking #: 0004974550
Declarant hereby states under penalty of perjury under the laws of the State of Washington that the
statement above is true and correct.
Tracking #: 0004974550
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
7
8
9
10
11
12
No.
BRIAN G AINTNER
14-3-03909-2
Petitioner,
and
JENNIFUR G AINTNER
Respondent.
13
14
I.
Motion
15
Based on the declaration below, the undersigned moves the court for a temporary order which:
16
orders temporary maintenance.
17
18
orders child support as determined pursuant to the Washington State child support
statutes.
19
20
21
22
23
24
divides responsibility for the debts of the parties.
25
Mtn for Temp Ord (MTAF) - Page 1 of 2
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
L A W OFFICES OF
B E N J A M IN & H E A L Y , PLLC
1
authorizes the family home to be occupied by the respondent.
2
3
Dated:
/0
Jason P. Benjamin, W SBA# 25133
Attorney for Petitioner
4
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Mtn for Temp Ord (MTAF) - Page 2 of 2
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHING'
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
7
8
9
10
11
12
15
16
17
18
19
20
21
22
23
24
14-3-03909-2
BRIAN GAINTNER
Petitioner,
and
JENNIFUR GAINTNER
Respondent.
13
14
No.
This declaration is made in response to Petitioners Motion and in support of my motion for
spousal maintenance.
W e have been together for 27 years; married for 22 of those years as of December.
three children; two of them are no longer dependents.
W e have
PARENTING PLAN
I did agree to Brians proposed parenting plan based on his representations he stated in his
declaration. For example, he states that he would take Saturdays off from work for the
weekends he has with our son. It is his own company and he has this ability, but has not done
so.
Additionally, I would like it to be added that Brian (not a third party) is required to take our son to
his scheduled activities. If he cannot take him, I am more than happy to. Both parties should be
able to attend his activities.
Our son is in Tae Kwon Do MMA during the week, but some of the activities fall on Saturdays.
He has already missed one mandatory event because Brian did not want to pay for him to attend
and take him, which unfortunately may result in our son waiting an additional year to obtain his
black belt. Our son is really upset about this and a year to a 12 year old feels like an eternity.
25
Mtn/Decl for Temp Ord (MTAF) - Page 1 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7
Brian does not participate in any parent-teacher conferences or sports. If something falls during
times that Brian is with him, he needs to take Sebastian or contact me so that I can make sure he
attends.
3
4
5
6
7
Another concern is that Brian is discussing this divorce with our son. He is telling our son that we
are getting back together and that he is moving back into the home. These things should not be
conveyed to our son because it is stressful for children to hear adult conversations and it is
confusing for Sebastian.
Brian told our son that because I got an attorney, he was really thinking about things and wants to
come home and that he was going to tell his attorney to cancel the divorce. Our son did not know
that I had an attorney and it was inappropriate for him to discuss these adult conversations with
him.
8
SPO USAL M AINTENA NCE / C H ILD SUPPO RT
9
10
11
12
13
14
15
Brian and I both graduated high school. I have been supportive of Brians career and
entrepreneur decisions with regard to his business. W e spent a lot of time and energy getting his
2nd business up and running. Our goal with this business was to start this venture and create a
very lucrative business that he could run from an office so that he did not have to work in the field
and avoid having to work on his knees. He has very bad knees and so I did not want him to have
to keep working on them. I co-signed all of the loans, taxes, credit cards and documents he has
needed. He did not keep me entirely in the loop with regard to his business. I never asked
questions and just tried to be supportive.
As far as my employment, I have worked in the retail field. I have been unemployed for 10
months and have been very aggressive with looking for employment. I want to get back into the
working field and have never been one to not work. I worked at Target for 6 years and then at
Lowes for 13 years.
16
17
18
19
I signed up for job alert so that I can be notified when something opens up. I have applied to
numerous positions, including part-time and on-call positions. I have a couple open applications
with the school district that are still pending as well. My friends and family know that I am looking
and they also keep an eye out for me to let me know.
I do not want to work in retail due to the hours, but since I have not had any luck with the other
positions, I have put in applications for retail positions such as Home Depot and Target.
20
21
Since Brian has repeatedly made false statements to portray that I do not want to work or gain
employment, I have attached just a few of the applications I sent out as evidence beginning from
May 2014 as Exhibit A. However, I could provide tons more if needed.
22
23
24
25
Since Brian shut off the internet, I am forced to take my l-pad to the McDonalds to get Wifi to
apply to positions. I also use my cell phone at times, but that is difficult on such a small screen.
In addition, if my son has to do anything for homework online, we have to go to McDonalds. This
is appalling given Brians income. Our son should not go without internet.
At this point, I am considering going back to school. I do not have any college education and I
think that I would have better opportunities if I go back to school.
Mtn/Decl for Temp Ord (MTAF) - Page 2 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
TaCOma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
Brian is the only one in our household that is earning an income and he knows that I am fully
financially dependent on him. He decided to stop paying some of the household expenses. I
am extremely concerned by his latest email to our bankruptcy attorney that he does not want to
pay our mortgage. Please see Exhibit B.
I have also attached a medical statement for Sebastian that I received in the mail showing we are
60 days past due because Brian will not pay. I have attached this as Exhibit C and am
requesting that Brian pay this immediately and provide proof.
8
9
10
11
12
13
Brian does not communicate with me or tell me he doesnt plan to pay something - things just get
shut off. For example, the cable, internet and phone just stopped working. I have not had
garbage service for at least 3 weeks! I am forced to take my garbage to my sisters or sometimes
family will take with them and put in their trash can. According to Brians financial declaration, he
earns over $9,000 per month, but does not want to provide any spousal support or pay for our
household expenses.
Everything that he shut off, he should be responsible to turn back on. I am asking that he be
responsible for the debt accruing due to his lack of payments. Specifically, Direct TV is now
sending statements regarding collection and we owe $374.68.
He does not even offer or discuss spousal maintenance, so I have filed a separate motion to
address this issue. Brian is more concerned about his money than anything else.
14
15
I believe Brian makes more than $9,000 per month. His $110,000 estimate is based off of his
2012 Tax Return, but the most recent 2013 Tax Return shows as follows:
16
la
17
18
19
20
21
22
23
24
25
E
0
0
1a
408,907
lb
1c
2
408,907
179,602
229,305
Brian says he does not have the available funds, but his own financial declaration using the low
figure of $9,000 gross shows that he has $2,320.58 left over after all debts and expenses are paid
(not including our mortgage).
Using an extremely low figure for his own income, Brian uses the highest figure from my
employment with Lowes with 13 years of promotions and increases. As with retail, I would not
be able to find employment and start out at $41,500. The figures he has imputed for me are not
an accurate depiction of earnings I would be able to obtain at this time. Most of the positions I am
applying for are around $13 per hour. Even applying to these, I am not having any luck.
I am asking that I be imputed at $13 per hour, which is a more realistic figure.
Using an estimated figure of $12,000 for Brians gross income and $13 per hour for me, it would
provide for a transfer payment of $1,358.
Mtn/Decl for Temp Ord (MTAF) - Page 3 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
3
4
5
He should continue to make the bankruptcy payments, as the second mortgage on the house and
my car payment are included in that monthly premium and these need to be maintained.
I declare under penalty of perjury under the laws of the State of Washington that the foregoing is
true and correct.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Mtn/Decl for Temp Ord (MTAF) - Page 4 of 4
WPF DR 04.0100 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194
FamilySoft FormPAK 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
EXHIBIT A
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:38 PM
Melissa Goins
Fwd: Your Application was Received
Powered bv TalentEd Recruit & Hire,M Applicant Trackina and Hirina for K-12
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:36 PM
Melissa Goins
Fwd: Your Application was Received
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:35 PM
Melissa Goins
Fwd: Application Status Update - Secretary - ASB - 20152117 - Woodbrook Middle
School
Powered by TalentEd Recruit & HireIMApplicant Tracking and Hiring for K-12
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:20 PM
Melissa Goins
Fwd: Office Assistant
_* ___
* ___ _____ * ___ _____ >ie___ * ___ * ___ * ___ jfc___ _____ * ___ sf:___ _____ $ ___ * ___ * ___ sjc___ s}:___ s|c
5k
j|c
Melissa Goins
From:
Sent:
To:
Subject:
Thank you for your inquiry regarding our current job opening 6239 - UDS Collector.
Your resume will be carefully reviewed against the requirements of our current open positions. Should your
experience and skills match an available position, you will be contacted to arrange an interview.
Thank you for your interest in U.S. HealthWorks.
(EID #24)
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:21 PM
Melissa Goins
Fwd: Your Home Depot Office/Store Support Employment Application
*****************************************************************************
IMPORTANT NOTE: This email has been sent by The Home Depot Retail Staffing Center, NOT your local Home
Depot store. PLEASE DO NOT REPLY TO THIS EMAIL. THIS EMAIL ACCOUNT IS NOT MONITORED.
Melissa Goins
From:
Sent:
To:
Subject:
[email protected]
Monday, October 27, 2014 12:22 PM
Melissa Goins
Fwd: Virtual Job Tryout Request
EXHIBIT B
Page 1 of 1
10/27/2014
EXHIBIT C
WE ACCEPT
AND
Please see back of form
STATEMENT DATE:
Page: 1
1 0 /20 /2 0 1 4
$T| 0
ATTENTION:
253 627 6932
JENNIFER GAINTNER
7601 76TH AVE SW
TACOMA WA 98498
AINTNER
C U T HERE
CU T HERE
----- V------
1924-A S CEDAR
TACOMA WA 98405
V ISIT
DATE
PRO VIDER
m l - r f .
rA IG lL
1 2 /0 3 /0 1
PROC
CODE
CH AR G E
AMOUNT
IN SU R AN CE
CO M PA N Y
BILLED
EX P LA N A TIO N
CODE
DATE
RECV'D
-V-.....
253 627 6932
A M O U N T AD JU ST
RECV'D AM O U N T
PRIVATE
DUE
D SCH N ELLE
99213
- 7 3 .1 4
6 0 .0 0
E S T A B P T -1 5
1 2 /0 3 /0 1
D SCH N ELLE
92567
I n s u ra n c e P a y m e n t
0 1 /0 4 /0 2
In s u ra n c e D is a llo w e d
0 1 /0 4 /0 2
- 3 9 .1 4
I n s u ra n c e D e n ie d
0 1 /1 8 /0 2
P r iv a te P a y m e n t-C h e c k
0 1 /2 9 /0 2
- 1 5 .0 0
I n s u ra n c e P a y m e n t
0 2 /1 1 /0 2
- 3 4 .0 0
R e v e r s e P r iv a te P a y m e n t
1 1 /2 6 /0 2
1 5 .0 0
-3 1 .0 0
2 3 .0 0
TY M PA N O G RA M
0 7 /1 7 /1 4
D SCH N ELLE
99213
In su ra n c e P a y m e n t
0 1 /0 4 /0 2
- 2 3 .0 0
In su ra n c e P a y m e n t
0 2 /1 1 /0 2
- 2 3 .0 0
R e v e r s e P r iv a te P a y m e n t
0 7 /2 9 /0 9
1 5 .00
0 .0 0
1 1 0 .0 0
E S T A B P T -1 5
REGENCE BLUE
0 7 /1 8 /1 4
I n s u r a n c e D e n ie d
0 7 /3 0 /1 4
R em inder:
60
THANK YOU
NO W DUE
3L
$ u o
PLEASE RETURN TOP PORTION WITH YOUR PAYMENT. RETAIN BOTTOM PORTION FOR YOUR RECORDS
#33176 - Medical A rts Press 1 -800-328-2179
IF ANY OF THE FOLLOWING HAS CHANGED SINCE YOUR LAST STATEMENT, PLEASE INDICATE...
Your Name
Marital Status
Home Phone
Address
City
State
Employer
ZIP
Business Phone
Employer Address
City
Insurance Company
State
ZIP
Contract No.
IF Y O U W IS H T O U SE Y O U R C R E D IT C A R D , P L E A S E C O M P L E T E T H E F O L L O W IN G ...
____VISA ____Mastercard
Expiration Date_______
Account Number____________________________________________
Security Code_______
Amount to be charged $
Signature_______________________________
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
7
8
In re:
9
No.
BRIAN GAINTNER
14-3-03909-2
10
Financial Declaration
Respondent
(FNDCLR)
Petitioner,
11
And
12
JENNIFUR GAINTNER
13
Respondent.
I.
14
15
16
19
$1,808.93
$2,705.00
II.
$2,705.00
$
12, 000.00
Personal Information
2.1
Occupation:
2.2
2.3
12
20
21
10/31/1971
17
18
Date of Birth:
12/2013
22
23
24
25
SupportCa/c/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
III.
Income Information
If child support is at issue, complete the Washington State Child Support Worksheet(s), skip
Paragraphs 3.1 and 3.2. If maintenance, fees, costs or debts are at issue and child support is Not an
issue this entire section should be completed. (Estimate of other party's income information is
optional.)
3.1
a.
b.
c.
d.
e.
9
10
11
f.
9-
12
h.
13
14
3.2
15
17
18
Income Taxes
FICA/Self-employment Taxes
State Industrial Insurance Deductions
Mandatory Union/Professional Dues
Pension Plan Payments
Spousal Maintenance Paid
Normal Business Expenses
Total Deductions from Gross Income
$12,000.00
Jennifur Gaintner
$2,253.30
$2,253.30
Brian Gaintner
$2,738.71
$778.50
-
Jennifur Gaintner
$272.00
$172.37
-
$3,517.21
$444.37
$8,482.79
$1,808.93
19
20
Brian Gaintner
$12,000.00
-
16
Imputed Income
Wages and Salaries
Interest and Dividend Income
Business Income
Spousal Maintenance Received
From
Other Income
3.3
21
22
23
24
25
Financial Declaration (FNDCLR) - Page 2 of 6
WPF DRPSCU 01.1550 (6/2006) - RCW 26.18.220 (1)
SupportCa/c/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
3.4
Miscellaneous Income
a.
Child support received from other relationships
Name:
Name:
b.
Other miscellaneous income
Brian Gaintner
Jennifur Gaintner
6
7
8
9
10
11
12
c.
13
3.5
14
3.6
If the income of either party is disputed, state monthly income you believe is correct and
explain below:
18
4.1
4.2
4.3
19
4.4
Cash on hand
On deposit in banks
Stocks and bonds
Cash value of life insurance
Other liquid assets:
15
16
IV.
17
20
21
22
23
24
Available Assets
Housing
Rent, 1st mortgage or contract payments
Installment payments for other mortgages or
encumbrances
Taxes & insurance (if not in monthly payment)
Total Housing
$1,215.00
$1,215.00
25
SupportCa/c/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
5.2
3
4
5
5.3
8
9
5.4
10
11
Utilities
Heat (gas & oil)
Electricity
Water, sewer, garbage
Telephone
Cable
Other:
Total Utilities
Food and Supplies
Food for 2 persons
Supplies (paper, tobacco, pets)
Meals eaten out
Other:
Total Food Supplies
Children
Day Care/Babysitting
Clothing
Tuition (if any)
Other child-related expenses
Total Expenses Children
$100.00
$100.00
$50.00
$55.00
$50.00
$355.00
$400.00
$100.00
$100.00
$600.00
$75.00
$75.00
12
5.5
13
14
15
16
5.6
5.7
17
18
19
20
21
22
23
Transportation
Vehicle payments or leases
Vehicle insurance & license
Vehicle gas, oil, ordinary maintenance
Parking
Other transportation expenses
Total Transportation
$250.00
$250.00
$50.00
$65.00
$50.00
$165.00
24
25
SupportCa/c/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
5.8
3
4
5.9
Miscellaneous Expenses
Life insurance (if not deducted from income)
Other: Dog Grooming
Other:
Total Miscellaneous Expenses
$45.00
$45.00
$2,705.00
8
9
10
11
12
5.11
Other Debts and Monthly Expenses not Included in Paragraphs 5.1 - 5.8
Month of
Creditor/Description of Debt
Balance
Last Payment
Amount of
Monthly Payment
13
14
15
16
17
18
19
20
21
22
23
24
25
SupportCafc/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 12 -19 5 7
1
2
5.12
$2,705.00
VI.
5
6.1
Attorney Fees
$5,000
6
7
I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and
correct.
8
Signed at Tacoma, Washington on October 27, 2014.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SupportCa/c/FD 2014
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 12 -11 4 0 / Fx: 2 5 3 - 5 1 2 -1 9 5 7
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 28 2014 8:44 AM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
(CSWP)
Father
$12000.00
Mother
$2,253.30
_
_
_
.
.
$12000.00
$2,253.30
$2,738.71
$778.50
$272.00
$172.37
.
-
_
_
_
_
$3,517.21
$444.37
$1,482.79
$1,808.93
$10,291.72
: p;:i
$1,655.00
.824 |
.176
$1,363.72
$291.28
| $1,216.00
.
$1,363.72
Part II I: Health Care, Day Care, and Special Child Rearing Expenses
$291.28
Mother
-
$30.00
$30.00
$30.00
$24.72
$5.28
$1,388.44 |
$296.56
$30.00
-
$30.00
Part VII:
$296.56
$3,817.26
$814.02
$340.93
$72.82
18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)
Part VIII:
$1,358.44
Mother's
Household
Father's
Household
-
26.
Legal
Father's
Household
[ ] Yes [ ] No
[ ] Yes [ ] No
[ ] Yes [ ] No
Mother's
Household
-
Judicial/Reviewing Officer
Date
E-FILED
IN COUNTY CLERK
PIERCE COUNTY, W
October 30 2014
KEVIN STO
COUNTY CL
NO: 14-3-03'
3
4
5
6
7
8
In re: Marriage of:
9
NO. 14-3-03909-2
BRIAN GAINTNER,
10
Petitioner,
11
and
12
JENNIFUR GAINTNER,
13
Respondent
14
15
I, Brian Gaintner, do hereby declare under penalty of perjury and in accordance with the
16
laws of the State of Washington in strict reply to the Declaration of Jennifur Gaintner as follows:
17
Parenting Plan. I believe that Jennifur and I are in agreement on a Temporary Parenting
18
19
Plan as I proposed. As stated in my initial declaration, I had quite a bit of time with Sebastian
when we first separated in July, 2013 until November, 2013 due to Jennifur working nights and
20
weekends. This may be the time that she is inferring to whereas I was not able to be home every
21
22
Saturday or as consistently on weeknights and did have the assistance of third parties when
23
necessary. Once Jennifur became unemployed in November, 2013, my time with Sebastian
24
became extremely limited and she would dictate the minimal amount of time I could spend with
25
my son. I miss the quality and quantity of time with my son and believe that this proposed
26
Law Office of
1
2
3
In addition, this is the first I have heard of reconciliation with Jennifur and have not
discussed such with our son. I do not want to reconcile. What I did want was not to have to hire
attorneys, spend money that we do not have and work together to come to an amicable and fair
4
resolution between the two of us. This may be the reconciliation she is referring to.
5
6
thirteen years and at Target for six. While employed at Lowes she worked in a managerial type
position, not just retail, which allowed her to historically make $40,000 per year. Upon
termination from Lowes in November, 2013, Jennifur began collecting unemployment which she
10
11
states she believes ran out in June of this year. Jennifur has not provided any pavstubs under
seal to this effect. She provides exhibits showing that she has applied for secretarial positions
12
with the school district (May and July) and the City of Lakewood (August) and that she has
13
14
15
compensation you must apply for a minimum of three jobs per week - whether you are skilled in
16
that position or not. I am sure that she followed these requirements and would have such
17
applications. However, she applied for secretarial and administrative assistant positions in which
18
she has no training or background. This month she has applied for three different positions, all
19
submitted after the filing of this dissolution action. Only one is in retail in which she has an
20
21
abundance of experience. Jennifur states that she does not want to work in retail but the real issue
22
is that she is not motivated to work at all. I had mentioned to her months ago the opportunity to
23
work at a new retail store - Bass Pro Shop - opening in South Tacoma. She did not want to
24
discuss it. Now she mentions that she would like to go to college because it may afford her
25
better opportunities. This is the first I have heard of her wanting to go to school over the course
26
of our marriage. She doesnt state what she would like to go to school for, whether she is
DECLARATION OF BRIAN GAINTNER - 2
Law offlce of
interested in a degree or a training school, the cost and timing of such or even what her ultimate
career may be. She has had almost a year to pursue such course of action and it has not
happened. I believe that Jennifur is simply not motivated to work, but if she wants to pursue a
4
degree and follows through, I think that is a positive move for her.
5
6
I have been financially supporting Jennifur since we separated in July, 2013. I have paid
all of her bills including the mortgage, utilities, insurance, and our bankruptcy payment which
covers our community credit card and the 2007 vehicle that Jennifur drives. Although Jennifur
worked from July through November, 2013,1 still paid for all of these items and continued to do
10
11
so until I told her that I would not be able to cover some of her debt any longer. I did tell her that
I was going to stop paying the internet bill, Direct TV and the garbage but that I would continue
12
13
14
15
consequences would be if I ceased the $830.00 monthly payment to the trustee. This payment
16
covers Jennifurs vehicle and our credit card debt. I was advised that should I stop payments that
17
everything dismissed in bankruptcy would return and be owing by the community and that, more
18
than likely, Jennifurs vehicle would be repossessed. It was only an inquiry to see if I would be
19
able to free up that large monthly payment and be able to pay our current bills or maintenance.
20
21
22
Knowing that our efforts in bankruptcy would all be for naught, I have continued to make this
community monthly payment. Jennifur has never contributed towards this community debt.
23
24
my 2013 business tax return showing gross receipts and a gross profit of $229,305. In reviewing
25
the entire tax return, filed under seal, the Court will see that after paying expenses, wages (of
26
which two of our sons are on the payroll) and taxes/licensing, the net income from my business
DECLARATION OF BRIAN GAINTNER - 3
Law 0fflce of
in 2013 was $35,775.00, not the exemplified amount claimed by Jennifur. In 2012, my annual
salary was $42,200 and in 2013 it was $79,377.00. Initially, I had projected my 2014 earnings as
shown by the payroll journal attached under seal. I had taken my year-to-date through August of
4
$34,000 added an additional $32,000 from possible draws through end of the year as well as an
5
6
average business income for a total of $108,800. This was most definitely a high estimate of my
projected income. Jennifur falsely states that my $110,000 averaged figure for child support
calculations was based on my 2012 Tax Return which is completely incorrect. Again, I am self
employed and all of my business comes from bids on electrical work and jobs actually obtained.
10
11
M a e H ess, A ccou n tan t, filed, h erew ith .
S ee D e c la ra tio n o f A n n a
12
her accounting of the last two years income as well as current income once I received Jennifurs
13
14
15
at $12,000 per month, or $144,000 per year. I have never made that much. I am providing the
16
Court with amended worksheets based on my actual income this year and imputing to Jennifur at
17
18
19
What Jennifur fails to point out to the Court is that I am still paying for her vehicle
insurance, health insurance and a $19,000 community bankruptcy debt on my own with no
20
21
22
contribution from her. She wants me to continue paying these items while asking for an
equalization of income in an undifferentiated amount of $4,500 per month. This request is not
23
attainable as the money simply is not there. Based on Jennifurs own financial declaration, with
24
her Morc-historical earning of $13/hour, she has a need for $900 per month. Even in her financial
25
declaration, she still has me paying her vehicle insurance, health insurance and the community
26
Law Office of
bankruptcy debt. She has taken no ownership for any of these community debts although she
Also, Jennifur did not address in her declaration the possibility of allowing the family
4
home to go into foreclosure which would free an additional $1,200 per month for her. The house
5
6
7
8
9
10
11
is underwater and a foreclosure would not negatively affect our credit (any more adversely
than the bankruptcy has).
Conclusion. I have supported Jennifur financially for fifteen (15) months with the last
eleven months of her being unemployed and not pursuing any active employment. I simply
cannot do so anymore. I respectfully request that the Court adopt my proposed temporary
parenting plan (reviewable upon Jennifurs employment), my child support calculations using
12
her historical income and my actual income with a transfer payment of $781.80, and a division of
13
14
15
assets/liabilities for temporary purposes only. In addition, I respectfully request that Jennifurs
request for spousal maintenance be denied.
16
17
18
19
20
21
22
23
24
25
26
Law Office of
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 30 2014 10:45 AM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
(CSWP)
Father
$6,002.70
Mother
$3,333.30
$6,002.70
$3,333.30
$943.95
$459.21
$202.65
$254.99
$1,403.16
$457.64
$4,599.54
$2,875.66
$7,475.20
$1,290.00
.615
.385
$793.35
$496.65
I $1,216.00
$793.35
$496.65
Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
19. Health Care Expenses
a. Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d. Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d.Other Special Expenses (describe)
Father
$30.00
Mother
$30.00
$30.00
-
$30.00
$18.45
$11.55
$811.80 |
$508.20
$30.00
-
$30.00
$781.80
$508.20
$2,069.79
$1,294.05
$198.34
$124.16
Father's
Household
Mother's
Household
Father's
Household
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ j No
Name/age:
Paid [ ] Yes f ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))
Mother's
Household
-
25.
Other Factors For Consideration
Father's income based on 2014 estimated income; Taxes: Married/1
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2
Mother's Signature
Date
Judicial/Reviewing Officer
Father's Signature
City
Date
City
Date
WORKSHEET SYNOPSIS
FATHER
$4,599.54
.615
MOTHER
$2,875.66
.385
$793.35
$18.45
$496.65
$11.55
7.
$811.80
$508.20
4.
TOTAL
$1,290.00
TOTAL OBLIGATION
$30.00
11.
$30.00
$781.80
12.
TOTAL CREDITS
Father Pays Mother
SupportCa/c2014
COMBINED
$7,475.20
$30.00
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
October 30 2014 10:45 AM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
(CSWP)
Father
$6,002.70
Mother
$2,253.30
$6,002.70
$2,253.30
$943.95
$459.21
$40.65
$172.37
$213.02
$1,403.16
$4,599.54
$2,040.28
$6,639.82
$1,157.00
.693
.307
$801.80
$355.20
I $1,216.00
$801.80
$355.20
Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
Father
$30.00
Mother
$30.00
$30.00
$30.00
$20.79
$9.21
$822.59 I
$364.41
$30.00
-
$30.00
$792.59
$364.41
$2,069.79
$918.13
$200.45
$88.80
Father's
Household
-
Mother's
Household
-
Father's
Flousehold
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid f l Yes f l No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Flousehold
(First name(s) and age(s))
26.
Other Factors For Consideration
Father's income based on 2014 estimated income; Taxes: Married/1
Mother's income imputed at $13/hour, 40 hour work week; Taxes: Married/2
Mother's
Flousehold
-
Mother's Signature
Date
Judicial/Reviewing Officer
Father's Signature
City
Date
City
Date
WORKSHEET SYNOPSIS
FATHER
$4,599.54
.693
MOTHER
$2,040.28
.307
$801.80
$20.79
$355.20
$9.21
7.
$822.59
$364.41
4.
TOTAL
$1,157.00
TOTAL OBLIGATION
$30.00
11.
$30.00
12.
TOTAL CREDITS
Father Pays Mother
SupportCa/c2014
COMBINED
$6,639.82
$792.59
$30.00
d d ___c p i
J> & nrne
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For Petitioner
RE:
For Respondent
j W Q g^ -n<vaACLa.t
g g -g T c^ K T S
e rfri-a re j
O o A it-r
c^te> *o^(
% > Jk-
^frtXTVji
A . __________
< ?c\
r e c o r d j j y r __ cIxvr^C iA sriuar^_<^T_uL
cl - cg-vA^g^i)
November 3, 2014 9:00 AM
I c i'& o
Clerk: ^ f s = >
Courtroom number: 117
Calendar:C2 - SHOW CAUSE/FAMILY LAW
Run date/time 11/03/14 7:59
Ixcrtrpt.pbl dJournal_entry_showcause_report
No. 14-3-03909-2
BRIAN GAINTNER
Parenting Plan
Temporary (TPP)
Petitioner,
and
JENNIFUR GAINTNER
Respondent.
Age
Sebastian Gaintner
12
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762 '
1
2
3
4
Under certain circumstances, as outlined below, the court may limit or prohibit a parents
contact with the child and the right to make decisions for the child.
2.1
t
1
8
2.2
i9
10
11
12
13
14
15
16
The residential schedule must set forth where the child shall reside each day of the year,
including provisions for holidays, birthdays offamily members, vacations, and other special
occasions, and what contact the child shall have with each parent. Parents are encouraged to
create a residential schedule that meets the developmental needs o f the child and individual
needs o f their family. Paragraphs 3.1 through 3.9 are one way to write your residential
schedule. If you do not use these paragraphs, write in your own schedule in Paragraph 3.13.
3.1
17
18
19
20
21
22
3.2
School Schedule
Upon enrollment in school, the child shall reside with the respondent, except for the
following days and times when the child will reside with or be with the other parent:
From Friday, 6:00 p.m. to Sunday, 7:00 p.m. every other week
Every Wednesday from 5:30 p.m. to 8:30 p.m.
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
SM1
Iff
3.3
'J 2
The child shall reside with the respondent during winter vacation, except for the
following days and times when the child will reside with or be with the other parent:
0
3
Father shall have the first portion of winter vacation in odd years and the second portion
of winter vacation in even years. The first portion commences at 6:00 p.m. the day
school lets out until 10:00 a.m. on Christmas Day. The second portion commences at
10:00 a.m. on Christmas Day until the evening prior to school commencing at 7:00 p.m.
4
5
if 6
!fi
3.4
>7
*0
The child shall reside with the respondent during other school breaks, except for the
following days and times when the child will reside with or be with the other parent:
8
9
The parties to share the spring vacation equally with a Wednesday evening exchange at
6:30 p.m. The Monday/Tuesday and Thursday/Friday shall coordinate with that parent's
residential weekend.
10
11
3.5
ii i
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Upon completion of the school year, the child shall reside with the respondent, except for
the following days and times when the child will reside with or be with the other parent:
14
15
16
Summer Schedule
17
18
19
Each party may take up to two weeks vacation with the child either consecutively or
inconsecutively. The parties to provide each other with their respective vacation plans no
later than May 1st of each year. Should there be a conflict in schedules, then Father shall
have priority in odd years and Mother shall have priority in even years.
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
;1
i;
12
3.7
3
4
With Father
(Specify Year
Odd/Even/Every)
With Mother
(Specify Year
Odd/Even/Every)
Odd
Even
Odd
Even
Odd
Even
Odd
Even
Odd
Even
Even
Odd.
Even
Odd
Even
Odd
Even
Odd
Even
Odd
-(>
Y7
8
,j9
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12
'13
14
15
16
For purposes of this parenting plan, a holiday shall begin and end as follows (set forth
times):
New Year's Day includes New Years Eve commencing at 6:30 p.m. until 7:00 p.m. on
the holiday.
July 4th is an overnight holiday commencing at 10:00 a.m. on the 4th until 10:00 a.m. on
the 5th.
17
Thanksgiving holiday commences Wednesday evening at 6:30 p.m. until Sunday evening
at 7:00 p.m.
18
19
Holidays which fall on a Friday or a Monday shall include Saturday and Sunday.
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
Ifi
3.8
With Father
(Specify Year
Odd/Even/Every)
4
5
Mother's Day
Father's Day
Sebastian's Birthday
i6
ai
?7
K'i
Every
Every
Odd
Even
.9
Should Sebastians birthday fall on a weekday, then visitation shall be from 5:30 p.m.
until 8:30 p.m.
rjlO
*1
11
With Mother
(Specify Year
Odd/Even/Every)
3.9
ID
Paragraphs 3.3 - 3.8, have priority over paragraphs 3.1 and 3.2, in the following order:
12
^13
Rank the order of priority, with 1 being given the highest priority:
14
15
16
17
3.10
Restrictions
18
Does not apply because there are no limiting factors in paragraphs 2.1 or 2.2.
19
20
21
3.11
Transportation Arrangements
22
Transportation costs are included in the Child Support Worksheets and/or the Order of
Child Support and should not be included here.
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
Vi
ii
3.12
"2
.Ji
Designation of Custodian
The child named in this parenting plan is scheduled to reside the majority of the time with
the respondent. This parent is designated the custodian of the child solely for purposes of
all other state and federal statutes which require a designation or determination of
custody. This designation shall not affect either parent's rights and responsibilities under
this parenting plan.
3
4
5
3.13
Other
(6
C\
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,9
This is a summary only. For the full text, please see RCW 26.09.430 through 26.09.480.
*4
;10
M
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
11
12
"13
14
15
16
If the move is outside the childs school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60 days
before the intended move, if the relocating person could not have known about the move
in time to give 60 days notice, that person must give notice within 5 days after learning of
the move. The notice must containthe information required in RCW 26.09.440. See also
form DRPSCU 07.0500, (Notice of Intended Relocation of A Child).
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
17
18
Notice may be delayed for 21 days if the relocating person is entering a domestic violence
shelter or is moving to avoid a clear, immediate and unreasonable risk to health and
safety.
19
20
21
22
A relocating person may ask the court to waive any notice requirements that may put the
health and safety of a person or a child at risk.
23
Failure to give the required notice may be grounds for sanctions, including contempt.
24
25
P a r e n t i n g P la n ( P P P , P P T , P P ) P a g e 6 o f 10
11
W P F D R 0 . 0 4 0 0 M a n d a t o r y ( 6 / 2 0 0 8 ) - R C W 2 6 . 0 9 . 8 ; . 1 8 7 ; . 194
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
*1
:2
A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
li'i
j
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.
4
5
ir6
tfi
The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
l?7
Kj
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
-9
CIO
11
(fi
'12
4.1
13
Each parent shall make decisions regarding the day-to-day care and control of each child
while the child is residing with that parent. Regardless of the allocation of decision
making in this parenting plan, either parent may make emergency decisions affecting the
health or safety of the child.
14
15
16
Day-to-Day Decisions
4.2
Major Decisions
17
18
Education decisions:
joint
19
joint
20
Religious upbringing:
joint
Drivers License:
joint
Extracurricular Activities:
joint
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
M
C!
~z2
4.3
V. Dispute Resolution
4
5
C6
fi
*7
'iTf
The purpose o f this dispute resolution process is to resolve disagreements about carrying out this
parenting plan. This dispute resolution process may, and under some local court rules or the
provisions o f this plan must, be used before filing a petition to modify the plan or a motion for
contempt for failing to follow the plan.
Does not apply as this is a Temporary Parenting Plan.
d9
"10
11
fi
M2
A. The child shall have reasonable telephone privileges with the parent with whom the child is
not then residing, without interference from the residential parent.
M3
14
15
16
17
B. Each parent agrees to exert every reasonable effort to maintain free access and unhampered
contact and communication between the child and the other parent, and to promote emotions of
affection, love and respect between the child and the other parent. Each parent agrees to refrain
from words or conduct which would have a tendency to estrange the chid from the other parent,
to damage the opinion of the child as to the other parent,or which would impair the natural
development of the childs love and respect for the other parent. Each parent agrees and
understands that words or conduct which have a tendency to estrange or diminish the opinion of
the child from the other parent, also tends to diminish the child's self-esteem and self-worth.
18
19
20
21
22
23
24
25
C. Each parent agrees to honor the other's parenting style, privacy and authority, so long as it is
not adverse to the child's best interest. Neither parent shall interfere in the parenting style of the
other, nor shall either parent make plans or arrangements that would impinge upon the other
parent's authority or time with the child without the express agreement of the other. Each parent
shall encourage the children to discuss his or her grievance against the parent directly with the
parent in question. It is the intent of both parents to encourage direct parent-child
communication and bonding.
D. Each parent shall have equal authority to confer with school, daycare, health and other
program personnel regarding the child's progress, and each parent shall have full and equal access
to the education and healthcare records of the child.
Parenting Plan (PPP, PPT, PP) Page 8 of 10
WPF DR 01.0400 Mandatory (6/2008) - RCW 26.09.181 187; . 194
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
* 1
If!
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Li
3
4
5
K'6
if i
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Ki
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9
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11
If)
E. Each parent shall inform the other when that parent plans to be away from his or her residence
with the child for more than two consecutive nights. The information to be provided shall
include duration of the period, the destination(s) and destination telephone number(s). This
provision is included solely for the purpose of knowing the parent's and child's location in the
event of an emergency and is not meant to be intrusive.
F. Neither parent shall advise the child of the status of child support payments or other legal
matters regarding the parental relationship and obligation.
G. Neither parent shall use the children, directly or indirectly, to gather information about the
other parent or take verbal messages to the other parent.
H. Each parent shall have the right and responsibility to insure that the children attend school or
other scheduled activities while in that parent's care. Activities shall not be scheduled to
unreasonably interfere with the other parents residential time with the child.
I. Each parent shall provide the other parent with the address and telephone number of their
residence and update such information promptly whenever it is anticipated to change or changes.
"Reasonableness is defined at least 30 days in advance of a scheduled move, or within 72 hours
of an unscheduled move.
12
H
i3
14
15
16
J. Neither parent shall ask the child to make decisions or requests involving the residential
schedule with the children except for plans which have already been agreed to by both parents in
advance.
K. Neither parent shall encourage the child to change his or her primary residence or encourage
the child to believe that it is his or her choice to do so. It is a choice which will be made by the
parents, or if they cannot agree, the courts.
17
18
19
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
:2
3'
When mutual decision making is designated but cannot be achieved, the parties shall make a
good faith effort to resolve the issue through the dispute resolution process.
If a parent fails to comply with a provision of this plan, the other parent's obligations under the
plan are not affected.
4
5
Dated:
V\ t
\
Judge/Commissioner
<6
7
Appr
8
MARY E DICKE
COURT COMMISSIONER
to Form:
]9
Jasgfi P. Benjamin, WSBA #25133
Attorney for Respondent
;io
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
J
- '1
'0
s*
3
4
5
\n6
ifi
l?7
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-I
nio
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'll
ifi
BRIAN GAINTNER
Temporary (TMORS)
12
-i
'13
14
15
Petitioner,
and
JENNIFUR GAINTNER
Respondent.
16
I. Judgment Summary
17
18
1.1
19
20
1.2
21
23
24
25
II. Basis
2.1
Type of Proceeding
This order is entered under a petition for dissolution of marriage or domestic partnership,
legal separation, or declaration concerning validity:
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
~i
hearing for temporary child support.
~2
3
2.2
The child support worksheet which has been approved by the court is attached to this
order and is incorporated by reference or has been initialed and filed separately and is
incorporated by reference.
4
5
*6
O
'/I
2.3
Other
Does not apply.
j9
~10
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C\
12
It Is O rdered :
3.1
13
14
15
16
3.2
Age
Sebastian Gaintner
12
Brian Gaintner
03/26/1969
17
18
19
20
21
22
23
24
For purposes of this Order of Child Support, the support obligation is based upon the
following income:
QL 0 ^ '
A.
Actual Monthly Net Income: $ 1^99.44:
25
Office of
Jennifer A Wing PLLC
L aw
II
i
"2
)
3
3.3
4
5
Jennifur Gaintner
10/31/1971
t
7
j
9
I
The obligee sh a ll update th e in form ation requ ired by pa ra g ra p h 3.2 p ro m p tly after any
ch an ge in th e inform ation. The du ty to update th e in form ation con tin u es as lo n g as
any m on th ly su p p o rt rem ain s due or any u n paid su p p o rt debt rem ain s du e u n der this
order.
40
i
n
i
12
t
For purposes of this Order of Child Support, the support obligation is based upon the
following income:
13
14
C.
15
16
17
18
19
22
23
24
Vj ^ jU
z.
The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.
20
21
& n / h r ffi HO
3.4
Service of Process
S ervice o f p ro c e ss on th e o bligor a t the address requ ired by p a ra g ra p h 3.2 o r any
u pdated address, or on th e obligee at the address req u ired by p a ra g ra p h 3.3 or any
u pdated address, m ay be a llo w ed or a ccepted as adequ ate in an y p ro ceed in g to
establish, en force o r m odify a ch ild su p p o rt order betw een th e p a rtie s by delivery o f
written n otice to th e o b lig o r or obligee at the la st address provided.
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
'1/
z2
3.5
The obligor parent shall pay the following amounts per month for the following child:
Name
Amount
Sebastian Gaintner
$-781.803r78ir80
T otal M o n th ly T ransfer A m o u n t
jt-fc
i~6
ij
The o bligor p a re n t's p rivileg es to obtain or m aintain a licen se, certificate, registration ,
perm it, approval, or oth er sim ila r docu m en t issu ed by a licen sin g en tity eviden cin g
adm ission to or g ra n tin g a u th ority to en gage in a p ro fessio n , occupation, business,
industry, recrea tio n a l p u rsu it, or the operation o f a m o to r vehicle m ay be den ied or
m ay be su sp en d ed i f the o bligor p a r e n t is n ot in co m plian ce with th is su p p o rt ord er as
p ro v id e d in C h apter 74.20A R evised C ode o f W ashington.
4\
8
i9
: 10
Transfer Payment
3.6
11
Standard Calculation
f t ;+.n7(-tf
<7^
\,ot5.0D
3.7
-1 3
The child support amount ordered in paragraph 3.5 does not deviate from the standard
calculation.
14
15
3.8
16
17
3.9
18
Starting Date:
November 1, 2014
1 st
19
20
21
3.10
Incremental Payments
22
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
3.11
p2
Jennifur Gaintner
A party required to make payments to the Washington State Support Registry will not
receive credit for a payment made to any other party or entity. The obligor parent shall
keep the registry informed whether he or she has access to health insurance coverage at
reasonable cost and, if so, to provide the health insurance policy information.
l{6
if i
?7
8
Any time the Division of Child Support is providing support enforcement services under
RCW 26.23.045, or if a party is applying for support enforcement services by signing the
application form on the bottom of the support order, the receiving parent might be
required to submit an accounting of how the support, including any cash medical support,
is being spent to benefit the child.
v9
oio
11
ifi
3.12
12
Withholding action may be taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child support statutes of this or any
other state, without further notice to the obligor parent at any time after entry of this order
unless an alternative provision is made below:
13
14
15
[If the court orders immediate wage withholding in a case where Division of Child
Support does not provide support enforcement services, a mandatory wage assignment
under Chapter 26.18 RCW must be entered and support payments must be made to the
Support Registry.]
16
17
18
3.13
Termination of Support
19
20
provided that this is a temporary order, until a subsequent child support order is entered
by this court.
21
22
23
3.14
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
M
i:
zl
3.15
3
4
Other:
^6
fi
Jj
l\
iv K
The petitioner shall pay 2% and the respondent^XSyo (each parent's proportional share of
income from the Child Support Schedule Worksheet, line 6 ) of the following expenses
incurred on behalf of the child listed in Paragraph 3.1:
Periodic Adjustment
Does not apply.
10
3.17
11
Father shall claim tax exemption in even years and Mother shall claim in odd years.
13
14
15
16
3.18
17
3.18.1 Health Insurance (either check box A(l) or check box A(2) and complete
sections B and C. Section D applies in all cases.)
18
A.
19
Evidence
(2)
There is sufficient evidence for the court to determine which parent must
provide coverage and which parent must contribute a sum certain. Fill in
B and C below.
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
9I)
B.
r,
r?
3
4
Brian Gaintner
(Parent's Name)
Jennifur Gaintner
(Parents Name)
[ i
j-r 6
Iff
iTi
*".7
Ki
'
A-
11
[ ]
G/ A-':: '
;9
010
V: -
[ ]
11
tfi
[X]
12
13
14
[ ]
15
16
17
V-11
[ ]
11
[X]
18
19
20
21
22
23
24
25
Law Office of
Jennifer A 'Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
C.
Z2
Parties obligations:
3
4
5
Brian Gaintner
(Parent's Name)
Jennifur Gaintner
(Parent's Name)
11
11
[ ]
t ]
[X]
[ i
[ ]
[ ]
*"6
A
?7
;
..i'9
OlO
\11
a
12
"13
14
15
16
17
18
19
[ ]
[ i
[ ]
[X]
[ ]
[ ]
20
21
22
23
24
25
Law Office of
Jennifer A. Wing,
4041 Ruston Way, Suite
Tacoma, WA 98402
(253) 627-1762
\(i
pi
3
4
5
!i6
f:-"j
D.
lJ7
!f
The parent(s) shall maintain health insurance coverage, if available for the child
listed in paragraph 3.1, until further order of the court or until health insurance is
no longer available through the parents employer or union and no conversion
privileges exist to continue coverage following termination of employment.
CIO
i\\
11
A parent who is required under this order to provide health insurance coverage is
liable for any covered health care costs for which that parent receives direct
payment from an insurer.
12
13
14
15
16
17
18
19
20
21
22
A parent who is required under this order to provide health insurance coverage
shall provide proof that such coverage is available or not available within 20 days
of the entry of this order to the other parent or the Washington State Support
Registry if the parent has been notified or ordered to make payments to the
Washington State Support Registry.
If proof that health insurance coverage is available or not available is not provided
within 20 days, the parent seeking enforcement or the Department of Social and
Health Services may seek direct enforcement of the coverage through the other
parents employer or union without further notice to the other parent as provided
under Chapter 26.18 RCW.
You may have separate obligations to provide health insurance coverage for the
child(ren) under federal law.
3.18.2 Change of Circumstances and Enforcement
A parent required to provide health insurance coverage must notify both the Division of
Child Support and the other parent when coverage terminates.
23
24
25
If the parents circumstances change, or if the court has not specified how medical support
shall be provided, the parents' medical support obligations will be enforced as provided in
RCW 26.18.170. If a parent does not provide proof of accessible coverage for the
Order of Child Support (TMORS, ORS) - Page 9 of 11
WPF DR 0 1.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
child(ren) through private insurance, a parent may be required to satisfy his or her
medical support obligation by doing one of the following, listed in order of priority:
1.
3
4
2.
5
6
3.
7
A parent seeking to enforce the obligation to provide health insurance coverage may
apply for support enforcement services from the Division of Child Support; file a motion
for contempt (use form WPF DRPSCU 05.0100, Motion/Declaration for an Order to
Show Cause re Contempt); or file a petition.
.9
>10
11
3.19
12
Both parents have an^Uligation to pay their share of uninsured medical expenses.
13
14
15
16
17
3.20
18
19
3.21
20
21
22
23
24
3.22
25
Order of Child Support (TMORS, ORS) - Page 10 of 11
WPF DR 01.0500 Mandatory (6/2014) - RCW 26.09.175; 26.26.132
Law Office of
r
a xvr
m i r
Jennifer A. wing, PLLC
T
3.23
f'j
r?
Other
Does not apply.
3
4
Dated: _______ \ t t ^
Fw^
Ju
Presented by:
ji6
ii'j
ni miss ion or
^
MARY'E D1CKE
COURT COWIM!SSI ONEl
iJ7
Kj
;9
CIO
n.j
n
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
(CSWP)
Father
Mother
^$3jka< rr
$9,066.70
$9,066.70
$1,770.51
$693.61
$202.65-
$354^9 *72. * 7
US-oZ-
U U JU .
$2,464.12
$6 ,602.58
$2t675 t661
-$9747024-
:ut)
f w
6. Proportional Share of Income
(each parents net income from line 3 divided by line 4)
WSCSS-Worksheets - M andatory (CSW/CSWP) 07/2013 Page 1 o f 5
,697-
i
.003-
{7CH0Z?
flo is-
fS V S
fri.oos-.afr
$471:7?*
1 $1,216.00
A O tf-
$474777
Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8)
10. Health Care Expenses
a.Monthly Health Insurance Paid for Child(ren)
b. Uninsured Monthly Health Care Expenses Paid for Child(ren)
c. Total Monthly Health Care Expenses
(line 10a plus line 10b)
d. Combined Monthly Health Care Expenses
(line 10c amounts combined)
11. Day Care and Special Expenses
a. Day Care Expenses
b. Education Expenses
c. Long Distance Transportation Expenses
d. Other Special Expenses (describe)
Father
Mother
$30.00
$30.00
j*
$30.00
J?
-
IT R r ftjK r#
i X.
_
$30.00
* wr
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)
$20.91
$9.09
-91"106:14| I
$30.00
$30.00
V frr
$47070744
$48086.
$2,971.16
$1,294.05
$271.31
$117.94
Father's
Household
Mother's
Household
Fathers
Household
Mother's
Household
Name/age:
Paid [ ] Yes [ l No
Name/age:
Paid f ] Yes [ J No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))
26.
Other Factors For Consideration
Father's income based on 2014 ytd and average of officer wages for annual of $108,800; Taxes:
Married/1
,
Mother's income based on historical earnings of $40,000/annually; Taxes: Married/2
V\
Judici
wing Officer
u -<
Date
MARYEDICKE
COURT COMMISSIONER
il
2
3
14-3-03909-2
43580704
TMRO
1'1-05-14
4
5
36
7
8
9
10
ii
'l
No. 14-3-03909-2
12
Petitioner,
13
and
14
JENNIFUR GAINTNER
Temporary Order
(TMO)
Respondent.
15
16
17
II. Basis
19
20
A motion for a temporary order was presented to this court and the court finds reasonable cause
to issue the order.
21
III. Order
22
I t is O rdered:
23
3.1
Restraining Order
24
25
There are no restraining orders in effect under this cause number and the court is not
entering one now.
Temp Order (TMO/TMRO) - Page 1 of 4
WPF DR 04.0250* Mandatory (6/2014) -RCW 26.09.060;. 110;. 120;. 194, .300(2)
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
T acoma, WA 98402
(253) 627-1762
3.2
Does not apply: There is no surrender of weapon order in effect under this cause number
and the court is not entering one now.
3
4
5
S u rren d er o f Weapons
3.3
Temporary Relief
Child support shall be paid in accordance with the order of child support, signed by the
court.
;6
The parties shall comply with the Temporary Parenting Plan signed by the court.
7
8
;io
;n
Both parties are restrained and enjoined from transferring, removing, encumbering,
concealing or in any way disposing of any property except in the usual course of business
or for the necessities of life and requiring each party to notify the other of any
extraordinary expenditures made after the order is issued.
Both parties are restrained and enjoined from assigning, transferring, borrowing, lapsing,
surrendering or changing entitlement of any insurance policies of either or both parties
whether medical, health, life or auto insurance.
12
13
14
15
Each party shall be immediately responsible for their own future debts whether incurred
by credit card or loan, security interest or mortgage.
Responsibility for the debts of the parties is divided as follows:
To Husband:
16
1.
2.
3.
4.
17
18
19
5.
20
6.
7.
21
22
To Wife:
1.
2.
23
24
25
Temp Order (TMO/TMRO) - Page 2 of 4
WPF DR 04.0250 Mandatory (6/2014)-RCW 26.09.060;.110;.120;.194, .300(2)
Law Office of
Jennifer A Wing PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
7
The family home shall be occupied by the respondent.
'2
To Husband:
1.
2.
3.
6
"7
4.
5.
To Wife:
-i
1.
2.
j 10
11
12
nie'tor taxwear
ta^year zui4
Parties may fileTbr
2014 as Married, Fijing'Separatety. ShciukFthe parties fih
jointly, Wife tojje^w0% liable for the poptkrtiof any tax liabijitymcurred or rpdti^tion in
refund du^tdner not claiming taxe^wKile collecting imerrfployment. Should the parties
file s o p tir a te ly , Mother to claim^oungest child, SgbaStian, as an exemption in odd years
ana Father to claim Sebastian in even tax ye*
'13
14
15
16
3.4
3.5
19
20
# H
17
18
Bond or Security
Other
HusU mJ
\ \ \
sM
I p / . M' k
;.-i q i<-
f v r ea ch
2oX
4 & >
-fbH-0101
h i 15
~o1k
f Y
\/p
om
l i r ef
wicm K
\ ^
21
(Jr l
22
t^ncrrrft't
23
24
MARY E DICKE
COURT COMMISSIONER
25
Temp Order (TMO/TMRO) - Page 3 of 4
WPF DR 04.0250 Mandatory (6/2014) - RCW 26.O9.O6O^W0J
r .300(2)
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
[2
3
4
5
6
1
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Temp Order (TMO/TMRO) - Page 4 of 4
WPF DR 04.0250 Mandatory (6/2014) - RCW 26.09.060; .110; .120; .194, .300(2)
Law Office of
Jennifer A. Wing, PLLC
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762
E-FILED
IN COUNTY CLERK'S C
PIERCE COUNTY, WASH
NO: 14-3-03905
2
3
4
5
6
7
8
8
10
11
12
NO. 14-3-03909-2
BRIAN GAINTNER
Petitioner,
13
and
14
15
JENNIFUR GAINTNER
Respondent.
16
17
18
19
YOU AND EACH OF YOU PLEASE TAKE NOTICE that JENNIFER W ING hereby
20
withdraws as Attorney of Record for BRIAN GAINTNER.
21
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
1
2
COPIES O F ALL FURTHER PAPERS AND PROCEEDINGS herein, except
3
4
5
S
original process, should be served on the substituted Attorney of Record along with all
others above named.
DATED this.
2014.
Z^dayof
By.
Jennifer A.
WSBA# 27655,
Withdrawing Attorney
4041 Ruston Way, Suite 200
Tacoma, WA 98402
(253) 627-1762 (phone)
10
11
12
13
_________ . 2014
14
FAUBION, REEDER, FRALEY
15
16
17
18
19
20
21
22
23
24
25
Notice of Withdrawal and Substitution - Page 2 of 2
Gaintner, Brian and Gaintner, Jennifur
FAUBION, REEDER,
FRALEY 4 COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
BRIAN GAINTNER
No. 14-3-03909-2
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JENNIFUR GAINTNER
Respondent(s)
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Assignm ent to Set Trial Date
Calendar: KATHERINE M. STOLZ
Submitted by:
DATED:
Signed:
NAME:
Daniel N Cook
Phone:
(253) 581-0660
WSBA#:
For:
34866
1 of 1
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
NO: 14-3-03909-2
3
4
5
6
7
8
9
10
11
12
No.
BRIAN GAINTNER
Petitioner,
and
14-3-03909-2
Response to Petition
(Registered Domestic Partnership)
(RSP)
JENNIFUR GAINTNER
Respondent.
13
14
BRIAN GAINTNER
15
I.
Response
16
1.1
17
The allegations of the petition in this matter are admitted or denied as follows:
18
20
21
22
23
24
25
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
Admitted
Admitted
Admitted
Admitted
Admitted
Denied
Admitted
Admitted
Admitted
Denied
Admitted
Admitted
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx:
2 5 3 - 5 1 2 -1 9 5 7
1.13
1.14
1.15
1.16
Each allegation of the petition which is denied, is denied for the following reasons:
1.6
1.10
Maintenance should be ordered, as wife has a need and husband has the ability
to pay.
Admitted
Admitted
Admitted
Admitted
6
7
1.2
10
II.
11
The respondent requests the court to grant the relief requested below:
12
Enter a decree.
13
Determine support for the dependent child pursuant to the Washington State child
support statutes.
17
18
19
20
Award the tax exemptions for the dependent child as follows: To mother.
21
22
23
Dated:
^ 'L l ^
Jasor/P. Benjamin, WSBA #25133
Attorney for Respondent
24
25
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
1201 Pacific Ave, Suite Cy
Tacoma, WA 98402
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
Always Parents:
Families in Transition
Presented by
Always Parents
, LM H C
Electronically Signed
12/9/2014
Date of attendance
14-3-03909-2
BRIAN GAINTNER
43790257
ORSCS
ORDER SETTING
CASE SCHEDULE
Petitioner(s)
vs.
JENNIFUR GAINTNER
i;7i
Respondent(s)
3, )
'
Type of Case:
Estimated Trial (days):
Track Assignment:
Assigned Department:
Docket Code:
DIC
Family Law
02 * Ju d g e k a t h e r i n e
ORSCS
sto lz
'1
12/09/14
01/23/15 9:00
Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM
+ on the date of trial.
-j --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
l\i
u)
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendants) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/appearance. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES
All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.
DATED: 12/12/14
('J
-BRIAN GAINTNER
C\l
0
Petitioner(s)
vs.
JENNIFUR GAINTNER
Respondent(s)
tj'i
O
kD
,+
J CC:
ORDER SETTING
CASE SCHEDULE
Type of Case:
Estimated Trial (days):
Track Assignment:
Assigned Department:
Docket Code:
-i
H
O
',0
Page 2 o f 2
DIC
Family Law
02 - Ju d g e K a t h e r i n e
ORSCS
sto lz
SUPERIOR COURT
14-3-03909-2
43013531
LTR2
12-18-14
OF THE
STATE OF WASHINGTON
FOR PIERCE COUNTY
(253) 798-3654
BRIAN GAINTNER
vs.
JENNIFUR GAINTNER
Dear Counsel or PRO SE (Self-Represented):
Court records indicate that the attorneys and/or parties listed below have failed to comply with the Case
Schedule or Order Assigning Case to Department in regard to the following item:
Deadline:
12/09/.14
Pursuant to Pierce County Local Rules and also pursuant to the Case Scheduling Order or Order Assigning
Case to Department given to you at the time of filing this case, you are out of compliance. Please take the
actions necessary to immediately comply with the Case Schedule or Order Assigning Case to Department.
Please file and deliver a courtesy copy of the document to the Judge.
If the court finds that an attorney or party has failed to comply with the Case Schedule or Order Assigning
Case to Department and has no reasonable excuse, the court may order the attorney or party to pay
monetary sanctions to the court, or terms to any other party who has incurred expense as a result of the
failure to comply, or both; in addition, the court may impose such other sanctions as justice requires. See
PCLR 3(k).
Copies mailed to:
Daniel N Cook
Jason P Benjamin
LINDA SHIPMAN
Department 02
Phone #: 253-798-7573
Judicial assistant to:
Judge Katherine M. Stolz
To:
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.
J E N N IF U R G A IN T N E R
R e s p o n d e n t(s )
TO T H E C L E R K O F T H E S U P E R IO R C O U R T A N D TO:
Pierce County Superior Court, County-City Building - 930 T acom a A ve S - Tacom a, W A 98402
Show Cause
Nature of Hearing:
C o n te m p t
D ATED :
J a n u a ry 7, 2 0 1 5 .
Signed:
/s / J A S O N P B E N J A M IN
NAM E:
J A S O N P B E N J A M IN
Phone:
(2 5 3 ) 5 1 2 -1 1 9 6
W SBA#:
25133
For:
A tto rn e y fo r R e s p o n d e n t
A D D R E S S : 1201 P a c ific A v e S te C 7
T A C O M A , W A 9 8 4 0 2 -4 3 9 3
1 of 1
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
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KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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In re:
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BRIAN G AINTNER
No. 14-3-03909-2
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Petitioner,
and
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JEN NIFUR G AINTNER
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Respondent.
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I.
Motion
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JEN NIFUR G AINTNER moves the court for an order directing BRIAN G AINTNER to appear
personally before the court and show cause why an order should not be entered:
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1.1
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Finding Contempt
Finding contempt for failure to comply with:
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Establishing a Judgment
Establishing a judgment in the amount of $1,185 plus $
interest for delinquent
child support and $50 costs for the period from 01/01/15 through 01/31/15.
Tacoma, WA 9 8 4 0 2
Ph / 2 5 3 -5 1 2 -1 9 5 7 Fx
2 5 3 - 5 1 2 -1 1 9 6
FamilySoft FormPAK 2014
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Granting Sanctions
Granting sanctions for contempt, including a forfeiture for each day the contempt of
court continues, and establishing conditions by which the contempt may be purged and
granting any other relief, including reasonable attorney fees and costs and make up
residential time, as may be appropriate under Chapter 7.21 RCW , Chapter 26.09 RCW,
Chapter 26.10 RCW , Chapter 26.26 RCW , and R C W 26.18.040.
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1.4
Other
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Awards the wife a judgment for $2500 in reasonable attorney's fees and awards wife a
judgment for $1230 for the deductions for early withdrawal from her 401 (k).
Authorizes wife to file married but separate and to claim the child as a dependent and
the mortgage interest and to retain 10 0 % of any refund since husband, in bad faith, is
refusing to pay.
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25133
Jaso j/P . Berijamin, W SBA #25133
Signature of Requesting Party or Lawyer/WSBA No.
Dated:
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II. Declaration
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B e n ja m in & H e a ly PLLC
1201 Pacific Ave, Ste C7
Tacoma, WA 98402
253-512-1196 Ph / 253-512-1957 Fx
Other:
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He was ordered to have ALL UTILITIES except sewer current through 10/31/14.
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He has still refused to bring DirecTv current and on December 18 or 19th I discovered
through a repairman that all the wires on my roof had been cut off.
I was forced to cash out $8200 from my 401 (k) just to live because he is refusing to pay,
but I lost $1230 in penalties in interest. I am asking to be reimbursed for this.
Also, I am seeking $2500 in attorneys' fees for the necessity of bringing this motion.
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I declare under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.
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Signed at
on
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Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 3 of 3
WPF DRPSCU 05.0100 (10/2009) - RCW 26.09.160
B e n ja m in & H e a ly PLLC
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43905142
ORTSC
0 1-0 7-15
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FILED
IN COUNTY CLERK'S OFFICE
A.M.
JAN 0 7 2015
pm
INTY, w
PIERCE CO UNTY,
W aASHING TO N
K E V IN S T O) C K , . C o u n t y C le r k
RY
- I\
DEPUTY
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No.
In re:
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BRIAN GAINTNER
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and
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JENNIFUR G AINTNER
Petitioner,
14-3-03909-2
Respondent.
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It is Ordered :
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BRIAN G AINTNER shall appear in person before this court at the place and time below and
show cause why the relief requested in the motion should not be granted.
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If you fail to appear in person and defend at these proceedings the court may grant all of the
relief requested and/or issue a bench warrant for your arrest without further notice to you.
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If imprisonment is requested in the motion and you cannot afford an attorney, you may request
the court to appoint an attorney to represent you.
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JAN o 7 2015
Dated:
Commissioner
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Presented by:
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L A W O FFICES OF
B E N J A M IN & H E A LY , PLLC
1201 Pacific Ave, Suite C7
Tacoma, WA 98402
Ph: 253 - 512-1140 / Fx: 253 - 512-1957
E-FILED
IN COUNTY CLERK'S OFFK
PIERCE COUNTY, WASHING
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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In re :
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BRIAN GAINTNER
No.
Petitioner,
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14-3-03909-2
R e tu rn o f S e rv ic e
(R T S )
And
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JENNIFUR GAINTNER
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Respondent.
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I D e c la re :
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1.
lam over the age of 18 years, and I am not a party to this action.
2.
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3.
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4.
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L A W O FFICES OF
B E N J A M IN & H E A LY , PLLC
10116 36 TH Ave. Ct. S.W., Suite 310
Lakewood, WA 98499
Ph: 253 -512-1140 / Fx: 253 -512-1957
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I declare under penalty of perjury under the laws of the state of Washington that the foregoing is
true and correct.
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Signed at:
I JLiblJAKr-A
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Si
3 /"
HA -
Sf i r r x
Print
'int nar
R^me
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LAW OFFICES OF
B E N JA M IN & HEALY, PLLC
10 116 3 6 TH
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
Always Parents:
Families in Transition
Presented by
Always Parents
, LM H C
Electronically Signed
1/17/2015
Date of attendance
H
14-3-03909-2
43996288
ORSCS
01-23-15
rBRIAN GAINTNER
ORDER SETTING
CASE SCHEDULE
Petitioner(s)
vs.
JENNIFUR GAINTNER
N
Respondent(s)
m . sto lz
Ip,Set Settlement Conference Date with Judge/Commissioner SUSAN K. SERKO (See PCLR 16 & PCLSPR
94.04)
05/12/15
05/26/15
06/23/15
07/14/15
'I
f
f" * 0
s ~
T
f r
l
: >
07/28/15
09/01/15
09/15/15
09/15/15
Week Of 09/29/15
Week Of 10/06/15
Trial
10/13/15 9:00
Unless otherwise instructed, ALL Attorneys/Parties shall report to the trial court at 9:00 AM
on the date of trial.
NOTICE TO PLAINTIFF/PETITIONER
If the case has been filed, the plaintiff shall serve a copy of the Case Schedule on the defendant(s) with the summons and
complaint/petition: Provided that in those cases where service is by publication the plaintiff shall serve the Case Schedule
within five (5) court days of service of the defendant's first response/ap pea ranee. If the case has not been filed, but an
initial pleading is served, the Case Schedule shall be served within five (5) court days of filing. See PCLR 3.
NOTICE TO ALL PARTIES
All attorneys and parties shall make themselves familiar with the Pierce County Local Rules, particularly those relating to
case scheduling. Compliance with the scheduling rules is mandatory and failure to comply shall result in sanctions
appropriate to the violation. If a statement of arbitrability is filed, PCLR 3 does not apply while the case is in arbitration.
DATED: 1/22/15
'4
(VI
BRIAN GAINTNER
(;)
ORDER SETTING
CASE SCHEDULE
Petitioner(s)
vs.
JENNIFUR GAINTNER
Respondent(s)
jz
[CC:
If!
H
n
AJ
Page 2 o f 2
m . sto lz
E-FILED
IN COUNTY CLERK'S OFFIC
PIERCE COUNTY, WASHINGT
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
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10
BRIAN GAINTNER
NO. 14-3-03909-2
Petitioner,
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and
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JENNIFUR GAINTNER
Respondent.
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RESPONSE DECLARATION OF
BRIAN GAINTNER RE
CONTEMPT
I,
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SUMMARY
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slow in October and Novem ber 2014. But I will sign a stipulated judgm ent with interest for
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the back m aintenance I am behind and get caught up by March 2015. I should not be held
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in contempt because I do not have the ability to pay. I should not have to pay attorney
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fees because I have already communicated this problem with cash flow to JE N N IF U R S
attorney and would have signed a stipulated judgment if they asked.
Response Declaration of Brian Gaintner - Page 1 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES 1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
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true and correct copy of a letter my attorney sent on Novem ber 10, 2014.
This letter
includes copies of two checks I gave to J E N N IF U R for child support for November.
The
$100 check is dated October 27, 2014, because JE N N IF U R asked m e for additional money
for S E B A STIA N and I said I would give it to her as a credit for child support because we had
support in the m em o line. JE N N IF U R crossed it out before she cashed the check. But I did
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pay the full $1,0 8 5 for child support in Novem ber 2014.
On January 1, 2015, I wrote a check to JE N N IF U R for the January 20 1 5 child support.
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I am behind on spousal m aintenance because I am not able to pay the full amount.
have tried to pay spousal m aintenance to the greatest extent of my ability.
The sealed
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financial source document shows a copy of the check (No 1061) dated Novem ber 7, 2014, in
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the amount of $ 9 5 7 .5 0 for the first half of Novem ber spousal maintenance.
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I have filed a sealed financial source document which shows a copy of the check (No
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6699) dated January 15, 2014, in the am ount of $ 9 5 7.5 0 for the second half of November
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spousal maintenance.
I realize I am behind for Decem ber 2014. Attached as Exhibit A is a true and correct
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Response Declaration of Brian Gaintner - Page 2 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES1\G aintneADRAFTS\Pleadings\Response Declaration o f Brian G aintner.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
acknowledging that I was behind and explaining I was unable to pay due to lack of work but
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I do not oppose entry of a judgm ent for Decem ber and January 201 5 maintenance.
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know I owe that obligation and I will m ake it right. I understand that I will pay interest on that
obligation since I did not pay it on time.
The reason I cannot pay is because I had very little revenue in the months of
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down during the winter months. This year I was hit very hard.
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Page 8 of the sealed financial source documents show that my 201 4 gross revenue is
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down $68 ,31 4 from my 20 1 3 gross revenue. That is a decrease of almost 17%.
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I actually had to lay my em ployees off during the months of October and November
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2014.
Page 6 of the sealed financial source documents show that my average payroll
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Employee W ages (wages only, not including payroll taxes) were $5,471 per month. This is
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derived by taking the 2 0 1 4 total of $ 5 4 ,71 9 and dividing by 10 months I had employees.
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Page 12 of the sealed financial source documents shows that I paid $0 in em ployee wages in
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October and Novem ber 2014. These where months they w ere laid off.
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20 1 4 was a very small em ployee w age expense because w e were already slowing way down
in September. In short, I did not have enough work in October and Novem ber 2014.
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Response Declaration of Brian Gaintner - Page 3 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\C A SES 1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
Page 13 of the sealed financial source documents show that my average revenue for
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the year was $28,331 per month. This is derived by taking the 201 4 total of $339,976 and
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dividing by 12 months of revenue. The months of Septem ber through Decem ber the average
revenue was $ 1 8 ,20 6 per month.
average. This is a huge hit and I simply did not have the funds to pay spousal maintenance.
I stayed current on child support and paid spousal m aintenance to the best of my ability but I
simply did not have the funds to pay all of Decem ber 2014.
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The way my business works is that I do work a month ahead and generally get paid
the next month.
So any work I bill between the 25th of the prior month and the 25th of this
month I will generally get paid for next month. So even though w e started getting busy again
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in Decem ber I did not get paid for that work until late January 2014. Sometim es the general
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contractors do not even pay on time so the company does not get paid until the beginning of
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insurance and vehicle (gas) costs in order to maintain operations. So when money is tight I
simply do not take draws. That has been the case for the last few months.
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Things w ere so bad in January 201 5 that I had to borrow m oney from my parents to
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keep the business operating. I have filed a sealed financial source document showing that I
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source document showing that I deposited that loan to my bank on January 6, 2015, and at t
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the time my business account had been depleted down to $1,874 dollar.
money to cover payroll or pay supplies and would soon run out of money for gas.
I had to
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
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I had hoped to be able to pay all of Decem ber m aintenance in full by the end of
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January 2015.
Even after getting the $5,000 loan from my parents I am not going to have
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One of the reasons for the delay is because one job I took in January and hoped to
get paid for in February 201 5 could not be started until January 26, 2015. The reason for the
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delay is w e w ere waiting on other trades to get done and the house w as so wet from recent
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rains we could not start as early as w e wanted. This means I will not get paid for this large
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Because the revenue I was counting on from this large job is now
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being shifted to March so I do not have funds in January 2015. But based upon this revised
estim ate I believe I will be able to get JE N N IF U R caught up on spousal m aintenance by
March 2015.
For all of these reasons I am not in contempt. I am doing my best to m ake payments
in good faith based upon what ability I have to pay.
It should be noted that prior to our hearing in Novem ber 20 1 4 JE N N IF U R was living
on unemployment.
W e had been separated for about a year and a half and I had been
paying all of the monthly bills associated with the house plus insurance. This was a total of
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J E N N IF E R was paying for her own gas and groceries from her
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Response Declaration of Brian Gaintner - Page 5 of 6
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\G aintner\D R AFTS\P leadings\R esponse Declaration o f Brian G aintner.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
own w ages and salaries and then unemployment after she was let go.
Shortly after
unemployment ran out is when she took me to court. W hen w e finally went to court I was hit
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with a $ 3 ,0 0 0 per month obligation which w as $5 0 0 per month more than I had been doing,
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right at the time that the com pany was going through its slowest time of the year.
I have
done my absolute best to stay current and I have paid all child support that was owed. I have
paid spousal m aintenance as I have been able. I am doing my best but I simply do not have
the ability to pay the rem ainder of spousal m aintenance owing at this time.
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RESPONSE TO UTILITIES
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I will have it
I have repeatedly asked JE N N IF U R for a bill for the DirecTV she wants me to pay.
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Attached as Exhibit B is a true and correct copy of an email dated Novem ber 14, 2014, my
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attorney sent to her attorney asking for a copy of the bill. W e have not received any such bill.
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I have no knowledge w hatsoever about the wires she is claiming to have been cut. I
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wired the D irecTV at our house (I am an electrician by trade). The D irecTV wires are not on
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operational when I left and I have done nothing at all to interfere with that or dam age the
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wiring.
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I D E C LA R E U N D E R P E N A LTY O F P E R JU R Y U N D E R T H E LAW S O F TH E
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S T A T E O F W A S H IN G T O N T H A T TH E F O R E G O IN G IS T R U E A N D C O R R E C T .
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Response Declaration of Brian Gaintner - Page 6 of 6
G aintner, Brian and G ain tn er, Jennifur
S:\CASES1\Gaintnei\DRAFTS\Pleadings\Response Declaration of Brian Gaintner.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
Daniel Cook
From:
Sent:
To:
Cc:
Subject:
Daniel Cook
Tuesday, December 30, 2014 6:56 PM
'Jason Benjamin'
Melissa Goins
RE: Gaintner Stuff out of Garage
Jason,
Thank you fo r your email. I will address the issues you raised in the order you raised them.
1.
2.
3.
4.
My client has only taken business related items from the shed. I do not believe he has gone into the home since
entry of the temporary orders. The only item he- is a^are of Jennifur even questioning him taking from the shed
is a shovel which is clearly something he uses fdr business!.
He has already purchased the materials (pipe) which he needed from the garage. This reduces the net profit of
the business and hence makes less money available for the parties. Perhaps he can get the pipe out of the
garage at a later date.
My client denies any involvement w ith cutting wires.
The back support issue is tough. He knows he is behind but he had little work in October and November. He is
busy this month, but w o n 't get paid until next month. He tells me he can get caught up fo r November and
December by the end of January.
We need to
1.
2.
3.
4.
get the house appraised. I sent discovery requests out to you. Primarily what we need is:
Documentation o f her job search
Her bank statements fo r last 18 months.
401(k) statements for 18 months
Documentation of balance on mortgage for family home now and in July 2013.
I am wondering if we should try to go ahead and schedule a settlement conference with Commissioner Gaddis in late
January or early February.
Let me know your thoughts. I think both parties would benefit from minimizing their attorney fees. The estate and
incomes in this case are very modest. Can we schedule a settlement conference?
Sincerely,
Dan Cook
Daniel Cook
From:
Sent:
To:
Cc:
Subject:
Daniel Cook
Friday, November 14, 2014 5:28 PM
Jason Benjamin
Melissa Goins; Sally DuCharme
RE: Gaintner Utilities / Hiding o f Assets
I am not fam iliar enough with the file yet to make a determination on the DirecTV issue. I understand your position and
will talk to Mr. Gaintner, but I have not fully analyzed it yet. Please send us the copies of the utility bills that that she
says need to be paid.
He will either pay them or we wilt explain why we cannot. I frankly do not know if he will have enough money at a
moment's notice to get them paid up. He has paid Ms. Gaintner about $2,000 in the last few days and he has to make
another payment of almost $1,000 in a few more days. So it may make sense fo r her to pay the utilities from what he s
has paid her and he will sign a stipulated judgm ent that he owes her the amount she paid. But after we receive a copy
o f the utilities she wants paid I will let you know. .
!
I think early stage mediation with Gaddis on this case is a good idea. May I have Sally work with your staff to schedule
it?
Sincerely,
Dan Cook
From: Jason Benjamin [mailto:[email protected]]
Sent: Friday, November 14, 2014 12:17 PM
To: Daniel Cook
Cc: Jennifur Gaintner; Melissa Goins
Subject: Gaintner Utilities / Hiding of Assets
Hi Dan,
As you are aware, DirecTV is considered a utilityjust look at your own client's financial declaration. Jennifur's
Directv bill is $341.46 through 1 1 /0 3 /2 0 1 4 . He needs to bring this current forthwith. He also needs to get the
internet and garbage service turned back on. I will be filing for contem pt next w eek if these items are not
remedied immediately.
Also, Jennifer is concerned your client is going to hide money in the bank accounts of his sister and his
mother. He has specifically threatened to put the business in his sister's name. Please advise him that
through discovery we will find every dime.
Further, he is complaining to the 12 year old son about his child support obligation AND the parties' 24 year
old son just told Jennifur that your client laid him off because she is taking all his money.
Sounds like this case might have a bumpy ride.
To reduce attorney's fees, I w ant to make you the same offer I made Attorney Wing. That is, why don't we
make your client's ppp the final pp. Jennifur believes that if your client is unhappy about the money he will
suddenly demand primary custody of the child. There is zero reason, other than bad faith, to not make the
ppp the final pp.
Lastly, w e could always get this case to Gaddis for early stage mediation and maybe resolve the whole thing!
Regards,
Jason
Sent from Windows Mail
14-3-03909-2
44062816
LTRSTC
02-03-16
Superior Court
of the
State of Washington
for Pierce County
334 COUNTY-CITY BUILDING
930 TACOMA AVENUE SOUTH
TACOMA, WA 98402-2108
(253) 798-6640
Daniel N Cook
ATTORNEY AT LAW
5920 100th St SW Ste 25
LAKEWOOD, WA 98499-2751
JASON P BENJAMIN
ATTORNEY AT LAW
1201 Pacific Ave Ste C7
TACOMA, WA 98402-4393
Dear Counsel/Litigant:
This is to confirm the following settlement conference:
Case:
Cause No.:
Before:
Date & Time:
2.
3.
Please remember that failure to supply the settlement judge with appropriate forms in a timely
manner may result in the imposition of sanctions. For complete information regarding settlement
conferences, please refer to the Pierce County Local Rules.
Sincere
ANGELA EDWARDS
Judicial Assistant
CC: Pierce County Clerk for Filing
V O A M
JP
p y i^ .
For Petitioner
"'oner
.For
_____
,______
Respondent
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Superior Court of Washington
County of PIERCE
9
4 10
11
r 12
In re:
No.
BRIAN GAINTNER
Petitioner,
and
JENNIFUR GAINTNER
Respondent
j 13
14-3-03909-2
14
I.
Judgment Summary
15
Applies as follows:
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A.
B.
C.
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D.
E.
F.
G.
H.
I.
22
23
J.
K.
L.
Judgment Creditor
Jennifur Gaintner
Judgment Debtor
Brian Gaintner
a) Principal judgment amount from 11/01/14 to 01/31/15 (Maintenance)
b) Principal judgment amount from 01/01/15 to 01/31/15 (Child Support)
c) Principal judgment amount for early withdrawal of 401 (k)
Interest to date of Judgment
Attorney fees
Costs
Other recovery amount
Principal judgment shall bear interest at 12% per annum
Attorney fees, costs and other recovery
amounts shall bear interest at 12% per annum
Attorney for Judgment Creditor Jason P. Benjamin
Attorney for Judgment Debtor
Daniel N. Cook
Other:
.C O
5:
OG6e4\^U
ETci o M t
$30?^
$
24
25
y ix
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 1 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010
LAW OFFICES OF
( __ '
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
r
1
II.
This C o u rt F in d s :
3
2.1
4
N o t lh L _ o M E ^ n p r A 7 ~ 7 J J / S
7~?P 0
BRIAN GA in i ivltR intentionally tailed to comply with"a lawful'orders of the couil dated------OPJL1/03/P0.14.
" T a a o -JL
\ > GOT^\'<x!sMLq 1
A
5
6
W /J r
2 .2
7
8
h^
c o
, * ,
if a
y / a
'
a
/ s :
V JI
2.3
10
Child support:
11
Spousal m aintenance\ Husband owes $957.50 for November 2014, $1915 for
December 2014 and $144,5 for January 2015 for a total of $4287.50.
12
14
Husband failed to pay utilities'forcing wife to cash out 401 (k) incurring penalties.
13
2.4
J?
15
f r t I Ia
i i i
^,
16
' 3 , t 2 , ly / 2 ) \ <^
17
18
19
2.5
20
21
22
23
24
BRIAN G A IN TN ER ^^has [ ] does not have the present willingness to comply with the
order as follows:
'VGfoAJL
\-^
c o M W v iti o o l
25
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 2 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
t1
1
2.6
2
BrianJGaintn&pfailed lu pay II re utl iei pdi ly the oum of $1,185 for child support for the
^period from 01)6^/15 through 01/31/15 ^
Brian Gaintner failed to pay the other party the sum of $^00TC04or maintenance for the
period from 11/01/14 through 01/31/15.
? K o .o O
4
5
2.7
<
' %
6
Does not apply.
7
2.8
8
aFe-reasOnaBle.
10
III.
11
it is O rd ered :
12
3.1
Contempt Ruling
13
14
15
[ ]
D o e s \o t apply
16
[ ]
17
18
[ ]
[ ]
19
20
21
3.3
22
23
24
25
3.4
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 253*512-1957
3.5
3
4
3.6
3.7
husband shall have judgment against Brian Gaintner in the amount of $1;207.D0 for
unpaid maintenance arrearages thereon for the period from 1^/01/14 through 01/31/15.
7
8
& 3 i3 3 0 .C 0
3.8
10
11
12
3.9
Jennifur Gaintner shall have judgment against Brian Gaintner in the amount of $2,500
forattorneyfees. r \ ,
13
14
3.10
15
Review Date
Does not apply.
16
Other
17
18
19
20
21
22
23
24
25
3.12
Summary
This is a summary only. For the full text, please see RCW 26.09.430 through 2 6 . 0 9 . 4 8 0 ^ ^ (
If the person with whom the child resides a majority of the time plans to move, that
person shall give notice to every person entitled to court ordered time with the child.
If the move is outside the child's school district, the relocating person must give notice by
personal service or by mail requiring a return receipt. This notice must be at least 60
days before the intended move. If the relocating person could not have known about
the move in time to give 60 days' notice, that person must give notice within 5 days after
learning of the move. The notice must contain the information required in RCW
26.09.440. See also form DRPSCU 07.0500, (Notice of Intended Relocation of A
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 4 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
1
Child).
2
3
If the move is within the same school district, the relocating person must provide actual
notice by any reasonable means. A person entitled to time with the child may not object
to the move but may ask for modification under RCW 26.09.260.
4
5
Notice may be delayed for 21 days if the relocating person is entering a domestic
violence shelter or is moving to avoid a clear, immediate and unreasonable risk to health
and safety.
6
7
8
9
Failure to give the required notice may be grounds for sanctions, including contempt.
10
11
12
13
14
15
A person entitled to time with a child under a court order can file an objection to the
child's relocation whether or not he or she received proper notice.
An objection may be filed by using the mandatory pattern form WPF DRPSCU 07.0700,
(Objection to Relocation/Petition for Modification of Custody Decree/Parenting
Plan/Residential Schedule). The objection must be served on all persons entitled to time
with the child.
16
17
18
19
The relocating person shall not move the child during the time for objection unless: (a)
the delayed notice provisions apply; or (b) a court order allows the move.
If the objecting person schedules a hearing for a date within 15 days of timely service of
the objection, the relocating person shall not move the child before the hearing unless
there is a clear, immediate and unreasonable risk to the health or safety of a person or a
child.
20
21
W arning : Violation of residential provisions of this order with actual knowledge of its terms is
punishable by contempt of court and may be a criminal offense under RCW 9A.40.060(2) or
22
23
24
CRAIG ADAMS
COURT COMMISSIONER
25
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010
) LAW OFFICES OF
JAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
1
2
P r e s e n te d by:
A p p ro v e d fo r e n try :
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Ord on Show Cause re Cntmpt/Jdgmnt (ORCN) - Page 6 of 6
WPF DRPSCU 05.0200 Mandatory (7/2013) - RCW 26.09.160, 7.21.010
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTC
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
10
BRIAN GAINTNER
11
12
13
14
15
16
17
18
19
20
NO. 14-3-03909-2
Petitioner,
and
JENNIFUR GAINTNER
Respondent.
21
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
II. DECLARATION
2
w ere both employed since I earn more than JE N N IF U R I still helped her financially after
w e separated.
10
11
12
About six months after we separated JE N N IF U R was fired from her job due to
poor job performance. JE N N IF U R then collected unemployment for 6 - 1 0 months in
the am ount of almost $ 2 ,5 0 0 per month.
13
I continued helping JE N N IF U R financially after she lost her job. I voluntarily and
14
I was doing everything I could to assist J E N N IF E R but she did not find a job for a
year. Because I was paying all of her monthly bills J E N N IF E R S monthly expenses
19
w ere very minimal and I believe she saved substantial money during that period that I
20
w as paying all of her bills. Furthermore, she did not get a job for a full year because
21
she did not need to while I was paying all the bills and she was collecting
22
unemployment.
23
24
After J E N N IF U R S unemployment ran out I insisted that she get a job. I told her
that she could not expect me to support her forever. Her response was to take me to
25
court in Novem ber 2014. At that point w e had been separated for about a year and a
Motion to Modify/Enforce Temporary Order - Page 2 of 4
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintner\D R AFTS\P leadings\M otion to M od ify Tem porary O rder.docx
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
half and I had been paying all of the monthly bills associated with the house plus
2
insurance.
I had also been paying the $83 0 per month bankruptcy payment w e have.
In Novem ber 2 0 1 4 financial circumstances were very bleak because by that point
4
5
6
J E N N IF E R S unemployment had run out. So the court imposed a very large child
support and spousal m aintenance obligation on me. But shortly after securing the
child support and maintenance order against me JENNIFUR did finally obtain a
job again. Her needs are now substantially decreased and the spousal
10
11
12
JE N N IF U R will likely complain that I have not paid all the spousal m aintenance I
w as ordered to pay or the bankruptcy payment I had been paying. This is because my
company went through a very bad spell of about two and a half months when my
13
revenue dropped substantially. I did not have the ability to pay in Decem ber and
14
January and the court m ade that finding at a contested hearing. I am not trying to keep
15
up beginning with February and I will try to reimburse J E N N IF U R for the m aintenance
16
17
18
from Decem ber and January as soon as possible. W e have a review hearing on the
contempt to monitor my efforts in that regard. But ongoing in the future the
19
20
21
22
23
24
At the
contested hearing in Novem ber 20 1 4 the court found my net income to be $6 ,6 0 2 per
month. I think that is more than I actually m ake and at trial I reserve the right to show
that my net income is less than that.
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
m aintenance and $ 1 ,0 8 6 in child support. Most importantly, now that she has a job
2
paying and I am not asking to modify child support in the amount of $1,086 per month.
J E N N IF U R is now working and on information and belief I allege that she is earning
$2,5 0 0 gross per month. That results in a net of $2,1 0 0 per month.
her earnings and the child support together she has a total of almost $3 ,2 0 0 per month
10
11
12
JE N N IF U R will likely aruge that this is a long m arriage (20 years) but that does
not give her a lifetime lien on my earnings. I have already voluntarily and substantially
13
supported J E N N IF U R for two years since w e separated. The court should terminate
14
I D E C LA R E U N D E R P E N A LTY O F P E R JU R Y A C C O R D IN G T O A N D U N D E R TH E
LAW S O F TH E S T A T E O F W A S H IN G T O N T H E F O R E G O IN G IS T R U E A N D C O R R E C T .
Signed at Tacom a, W ashington, this V
18
19
20
21
22
23
24
25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.
J E N N IF U R G A IN T N E R
R e s p o n d e n t(s )
TO T H E C L E R K O F T H E S U P E R IO R C O U R T A N D TO:
Pierce County Superior Court, County-City Building - 930 T acom a A ve S - Tacom a, W A 98402
D ATED :
F e b ru a ry 9, 2 0 1 5 .
Signed:
/s / D a n ie l N C o o k
NAM E:
D a n ie l N C o o k
Phone:
(2 5 3 ) 5 8 1 -0 6 6 0
W SBA#:
34866
For:
A D D R E S S : 5 9 2 0 1 0 0 th S t S W S te 2 5
L A K E W O O D , W A 9 8 4 9 9 -2 7 5 1
1 of 1
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
NO: 14-3-03909-2
B R IA N G A IN T N E R
No. 1 4 -3 -0 3 9 0 9 -2
P e titio n e r(s ),
N O T E F O R C O M M IS S IO N E R 'S C A L E N D A R
vs.
J E N N IF U R G A IN T N E R
R e s p o n d e n t(s )
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Show Cause
Nature of Hearing:
C o n te m p t
F e b ru a ry 23, 2 0 1 5 .
Signed:
/s / J A S O N P B E N J A M IN
NAME:
J A S O N P B E N J A M IN
Phone:
(2 5 3 ) 5 1 2 -1 1 9 6
ADDRESS:
1201 P a c ific A v e S te C 7
WSBA#:
For:
25133
T A C O M A , W A 9 8 4 0 2 -4 3 9 3
A tto rn e y fo r R e s p o n d e n t
1 of 1
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
1
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
S uperior C ourt o f W ashington
County o f PIERCE
In re:
BRIAN G AINTNER
No. 14-3-03909-2
Petitioner,
and
10
JENNIFUR G AINTNER
Respondent.
M otion/D eclaration fo r an O rd er to
Show C ause re
C ontem pt
(M TSC )
11
I. Motion
12
13
JENNIFUR G AINTNER moves the court for an order directing BRIAN G A INTNER to appear
personally before the court and show cause why an order should not be entered:
14
1.1
Finding Contempt
15
Finding contempt for failure to comply with:
16
the order of maintenance
17
other:
18
19
Temporary Order requiring husband to have utilities and mortgage current through
10/31/14.
20
Temporary Order requiring husband to pay the Chapter 13 Trustee $830 per month.
21
22
1.2
23
Establishing a Judgment
Establishing a judgment in the amount of $457.50 plus $
interest for delinquent
maintenance and $
costs for the period from 02/01/2015 through 02/28/2015.
24
1.3
Granting Sanctions
25
F irm N a m e H ere
Granting sanctions for contempt, including a forfeiture for each day the contempt of
court continues, and establishing conditions by which the contempt may be purged and
granting any other relief, including reasonable attorney fees and costs and make up
residential time, as may be appropriate under Chapter 7.21 RCW , Chapter 26.09 RCW,
Chapter 26.10 RCW , Chapter 26.26 RCW , and R C W 26.18.040.
3
4
5
1.4
O ther
Awards the wife a judgment for $2500 in reasonable attorney's fees and awards wife a
judgment for $1230 for the deductions for early withdrawal from her 401 (k).
7
8
Authorizes wife to file married but separate and to claim the child as a dependent and
the mortgage interest and to retain 10 0 % of any refund since husband, in bad faith, is
refusing to pay.
9
10
11
Dated:
12
U / J '%
/ ________________25133
Jasc/ P. benjamin, W SBA #25133
Sig/ature of Requesting Party or Lawyer/WSBA No.
13
II. D ecla ratio n
14
BRIAN G AINTNER should be held in contempt for the following reasons,
15
16
Failure to comply with the maintenance order which directed payment of maintenance in the
amount of $1915 per month as described below:
17
He has paid a total of $2872.50 for maintenance since 11/01/14 out of the $7,160 that
he owes ($1915 for November, December and January and $1415 per month
thereafter).
18
19
I have a judgment for November through January 2015, but he paid $957.50 towards
February 2015 maintenance and owes another $457.50 for February 2015.
20
Other:
21
He was ordered to have ALL UTILITIES except sewer current through 10/31/14.
22
23
24
He has still refused to bring DirecTv current and on December 18 or 19th I discovered
through a repairman that all the wires on my roof had been cut off. I was sent to
collections on the DirecTV and owed $349.66 which I paid out of my 401 (k). Please see
collection bill attached hereto.
25
Mot/Dec Ord Show Cause re Contempt (MTSC) - Page 2 of 3
WPF DRPSCU 05.0100 (10/2009) - RCW 26.09.160
F irm N a m e H e r e
1
2
Please see page 5 of his declaration attached hereto showing the he was aware that
DirecTV was a utility he was to have current pursuant to Commissioner Dicke's order of
November 3, 2014.
I have paid $4,150 to the bankruptcy trustee because Brian is refusing. Please see the
cashier's checks from Chase.
4
Also, I am seeking $2500 in attorneys' fees for the necessity of bringing this motion.
5
6
Brian is litigating in bad faith. I accept his proposed parenting plan, but now he tells me
he is going for 50/50 custody. I believe this is so he won't have to pay child support.
7
8
I declare under penalty of perjury under the laws of the state of Washington that the foregoing
is true and correct.
9
Signed at
10
11
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13
14
15
16
17
18
19
20
21
22
23
24
25
F irm N a m e H ere
Custom er Copy
CASHIER'S CHECK
1050425796
01/23/2015
Void after 7 years
Rem itter:
JENNIFUR M GAINTNER
$** 3,320.00 **
Pay To The
Order Of:
NON NEGOTIABLE
Custom er Copy
CASHIER'S CHECK
1050425922
01/31/2015
Void after 7 years
Rem itter:
JENNIFUR M GAINTNER
$** 830.00 **
Pay To The
Order Of:
NON NEGOTIABLE
N.A.
afni
Date:
02/01/2015
054156694-01
Creditor:
DIRECTV
Creditor Account #:
39574722
Balance:
$349.66
wmv.afnicollections.com
COLLECTION NOTICE
This account has been placed with our agency for collection. We are requesting your assistance in resolving this matter. We may report
information about your account to credit bureaus.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this
office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the
validity of the debt or any portion thereof, this office will: obtain verification of the debt or obtain a copy of a judgment and mail you a
copy of such judgment or verification. If you request this office in writing within 30 days after receiving this notice, this office will
provide you with the name and address of the original creditor, if different from the current creditor.
This is an attempt to collect a debt. Any information obtained will be used for that purpose. You have the right to inspect your credit.
This letter is from a debt collector.
Our office can be reached toll free at (877) 497-9052 Monday through Friday 7am-9pm and Saturday 8am - 12pm CT. For proper credit
on your account, please write this number 39574722 on your payment.
Payments can also be made anytime at DIRECTV.com or by calling 1-800-531-5000.
All conversations with Afni may be recorded.
C u s to m e r Serv ice an d
P a y m e n t In fo r m a tio n
S iL jp
Detach and return bottom portion w ith yo u r payment. Please include y o u r A fni account # listed below on yo u r check.
^229T/0019987/0078~
PO Box 1637
Southgate, MI 48195
Afni. Inc. Account #
054156694-01
Creditor Account #
39574722
Creditor
DIRECTV
Balance
$349.66
02/01/2015
Toll Free: (877)497-9052
DIRECTV
PO Box 78626
Phoenix, AZ 85062-8626
FJ/ Page I o f I
Jennifur
and I do not have substantial assets. 1own my electrical business and we have a modest IRA.
Given the downturn in the economy in 2008 (particularly to the construction industry ), we had to
declare bankruptcy about one year ago. In the bankruptcy, our credit card debt was forgiven but
the 2007 Hyundai Tucson loan and house was not. I pay the trustee $830 per month on a balance
owing of $19,920.00. I have been paving this for the last year and a half and it is mv
j: .
.L
understanding that 1have another year and a half of payments (36 months total). 1am unsure
what would happen to the vehicle that Jennifur drives should I stop paying on this community
debt but 1 am checking with our bankruptcy attorney for direction.
For the past year since separation, I have paid my own personal expenses, including my
rent of $1,100, as well as the follow ing expenses for Jennifur:
a.
Mortgage on family home ($ 1,215 per months
__- bPAAll of ttftTutihties on lamilv home incufretTbv lennifur:
i.
ii.
iii.
iv.
v.
vi.
vii.
Electric:
Gas;
Sewer;
Water:
Garbaue:
Cable (Internet)
Direct TV
E-FILED
IN COUNTY CLERK'S OFFI
PIERCE COUNTY, WASHING
February 25 2015 9:30 AM
1
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
9
10
11
12
In re:
No. 14-3-03909-2
BRIAN GAINTNER
R E SPO N SIVE A R G U M E N T OF
JASON P. BENJAMIN
Petitioner,
and
JENNIFUR G AINTNER
Respondent. 1
4
3
2
13
14
1.
2.
I scheduled a hearing date for March 16, 2015 regarding Petitioners contempt of the
temporary orders. I offered that both matters be heard on this date since we are both
available and it would reduce attorneys fees and this Courts valuable time. Petitioner
refused.
3.
15
16
17
18
19
20
21
a.
b.
c.
22
23
24
4.
It should also be noted that this Court made the previous order regarding spousal
maintenance factoring in the Respondent/Mother obtaining employment within a couple
25
ARGUM ENT
-1
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
1
2
3
4
5
6
Commissioner Dicke also factored this in with regard to child support and imputed income
to Respondent/Mother based at $13 per hour, full time. Respondent/Mother did as this
court intended and obtained employment earning $14 per hour.
7
8
9
10
11
& i3 / h r (55 4 0
1
\AjAjk.
12
5.
13
Lastly, I should point out that Petitioner/Father has brought this motion with unclean hands
as outlined in the contempt motion filed separately herein. He should not be rewarded for
bad behavior.
14
15
Respectfully submitted this 24th
16
17
18
19
20
21
22
23
24
25
ARGUM ENT-2
LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, Suite C7
Tacoma, WA 9 8 4 0 2
Ph: 2 5 3 - 5 1 2 -1 1 4 0 / Fx: 2 5 3 - 5 12 -19 5 7
FILED
IN COUNTY CLERKS OFFICE
CO
Q 2
H
C)
rt3
FES 2 4 2015
l.jj
14-3-03909-2
44188823
ORTSC
0 2 -2 5 -1 5
i 4
in
by
Lfl
'i
^8
in
AJ 9
AJ
deputy
d 7
i'
________ *w_
10
No.
In re:
BRIAN G AINTNER
Petitioner,
11
and
12
14-3-03909-2
Respondent.
13
14
it is Ordered:
15
BRIAN G AIN TN ER shall appear in person before this court at the place and time below and
show cause why the relief requested in the motion should not be granted.
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If you fail to appear in person and defend at these proceedings the court may grant all of the
relief requested and/or issue a bench warrant for your arrest without further notice to you.
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If imprisonment is requested in the motion and you cannot afford an attorney, you may request
the court to appoint an attorney to represent you.
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LAW OFFICES OF
BENJAMIN & HEALY, PLLC
12 0 1 Pacific Ave, SuiteC 7
Tacoma, WA 98402
Ph: 2 5 3 -5 1 2 -1 1 4 0 / Fx: 2 5 3 -5 1 2 -1 9 5 7
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTC
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
10
BRIAN GAINTNER
NO. 14-3-03909-2
Petitioner,
ARGUMENT OF COUNSEL
IN REPLY
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and
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JENNIFUR GAINTNER
Respondent.
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I have known Mr. Benjamin professionally for many years and w e have had many
cases against each other.
Mr. Benjamin and I always accom m odate the schedules of each other so long as it does not
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M y experience with Mr. Benjamin has been that he often sets multiple
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hearings on days he has trials schedules, my experiences is that Mr. Benjamin sometimes
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I did attempt to contact Mr. Benjamin and his paralegal to coordinate a mutually
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25
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
exchanged between Mr. Benjamins paralegal and me. W hen Mr. Benjamin said he was not
2
available on March 2 I suggested earlier days than March 2 and Mr. Benjamin was still not
3
4
5
6
available.
As shown on Exhibit A I explained to Mr. Benjamin the reason I wanted a hearing
early in March w as so that the change would be effective as early as possible and if the
m aintenance am ount was modified my client would know how much to pay. The Respondent
alleged my client was in contempt of the m aintenance order and the court did not find him in
contempt but set a review hearing in March. My client wants to ensure he is complying with
10
the m aintenance obligation but things are tight financially so if the amount changes in March
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agreed to do the hearing later in March (on the sam e day as the contempt review) would he
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agree that the effective date of the change would be February and that if my client overpaid
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because he paid the old am ount it would be credited against his back support owed for
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Mr. Benjam ins paralegal said she would check with Mr. Benjamin
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and would get back to me. I never received a response to my proposal even though Mr.
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February 24, 2015, after I received no response to the motion by the deadline I followed up
22
by email and as shown on Exhibit A indicated I was still willing to set over the hearing so long
23
as w e could agree on February for the effective date if changed and that any overpayments
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FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
Regarding the
responsive argument,
Mr.
Benjamin
has mis-
The March 24, 2015, review date is stated multiple times in the order from the prior hearing.
4
5
Nevertheless, I would be willing to do both hearings on March 24, 2015, if it was clear the
effective date of the change (if modified) would be February 201 5 and any overpayment
would be credited to the amounts owed for January and Decem ber.
No 201 4 tax return has been filed so there is nothing to provide. There is no require to
provide bank statements in a motion related to spousal maintenance. His client provided no
10
11
12
O c,7 0 3 Z filed in Novem ber 2014. There is nothing to update. My clients business was slightly worse
13
in 20 1 4 than 20 1 3 and he filed documentation of that fact. The last two months of the year
14
w ere extrem ely bad and that is why he got behind on m aintenance - but the court found he
15
did not have the ability to pay. But overall the year was not so much worse than 201 3 that he
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to work.
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does reduce after the first three months but that could be for many reasons - not necessarily
22
em ploym ent of the Respondent/wife. Significantly, the reduction in m aintenance was only by
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$500 per month and Respondent/wife is now earning $2,426 per month.
So the change in
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REPLY ARGUMENT - Page 3 of 4
G aintner, Brian and G aintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Pleadings\Reply Declaration for March 2 hearing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-100 Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
Regarding
the
unclean
hands
argument,
Petitioner/husband
w as
not found
in
contempt, the court specifically found he did not have ability to pay and Petitioner/husband
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has been complying with the order to the best of his ability.
Petitioner /husband som e relief now that circumstances have changed and Respondents
income has gone from $0 to $2 ,4 2 6 per month. There is no bad faith here - only a desire to
obtain a change now that circumstances have changed.
This motion w as filed February 9 and w e first started trying to schedule a date on
February 4.
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support. But Mr. Gaintner should not be prejudiced by having to wait until the end of March
12
to hear this motion when the effective date should be February 2015.
13
LEY & C O O K PS
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REPLY ARGUMENT - Page 4 of 4
G aintner, Brian and G ain tn er, Jennifur
S:\CASES1\Gaintnet\DRAFTS\Pleadings\Reply Declaration for March 2 hearing.doc
FAUBION, REEDER,
FRALEY & COOK, P.S.
5920-1 00th Street SW, Ste 25
Lakewood, WA 98499
253-581-0660
Daniel Cook
From:
Sent:
To:
Cc:
Subject:
Daniel Cook
Tuesday, February 24, 2015 1:14 PM
'Melissa Goins'; Jason Benjamin
Sally DuCharme
RE: Gaintner
I never heard back about setting this matter over. It is still on the calendar for 3/2/2015 and today is the day for a
response. My offer is still good as stated in my 2/5/2015 email. But we have not received a response to the motion so I
am wondering where we are at?
From: Melissa Goins [mailto:[email protected]]
Sent: Thursday, February 05, 2015 11:00 AM
To: Daniel Cook; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner
We could set it for 3/24 which is the same day as the contempt motion in this case if we can agree that if modified the
effective date would be February. My client will make the payments he can and any overpayment (if modified) will be
credited to the back support he owes for December and January ($3,300+/- judgment entered this week). Jason will
have to okay that proposal, but it makes sense to me. Let me know if that works for Jason.
Oh, just read this... Is this one of those cases where we can agree to an un-prejudiced amount or something pending a
hearing? I'll have to check with Jason because I really don't know where else to put this :(
From: Daniel Cook fmailto:[email protected]
Sent: Thursday, February 05, 2015 10:22 AM
To: Melissa Goins; Jason Benjamin
Cc: Sally DuCharme
Subject: RE: Gaintner
My problem is I am in King County on March 3 and I am in Mexico (not on a case) on March 4-11. I could not do a reply
while I am gone. So that would push it to the middle of March and I wanted a ruling on the maintenance issue before we
got too far into March so my guy knows how much of a check to write for March.
E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTO
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
3
4
5
6
10
BRIAN GAINTNER
NO. 14-3-03909-2
11
12
and
JENNIFUR GAINTNER
Respondent.
13
14
15
record,
16
respectfully
17
Petitioner,
Daniel
N.
Cook,
moves the
of FA U B IO N ,
REEDER,
Court pursuant to
CR
37
FR A LE Y
for an
& C O O K,
P.S.,
and
Respondent, to submit her answers and responses to Interrogatories and Requests for
Production. Petitioner also moves the court for an order setting a specific time and date
18
19
moves the Court for an order allowing them reasonable attorney fees for having to bring
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This motion is based upon the records and files herein the aforementioned Court
Rule and the Declaration of Daniel Cook attached hereto.
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23
FAUBION, REEDER,
FRALEY, & COOK, P.S.
5920 100th St. SW #25
Lakewood, WA 98499
253-581-0660
DECLARATION
2
My nam e is Daniel Cook and I am the attorney of record for the Petitioner BRIAN
3
In this
4
5
6
declaration I will refer to the parties as Brian and Jennifur for convenience and to avoid
confusion and do not intend any disrespect.
On or around D ecem ber 18, 2015, I sent Jennifurs attorney the Petitioners
Interrogatories and Requests for Production by e-m ail. Attached as Exhibit 1 are a true
and correct copy of the e-m ail transmission and of Petitioners Interrogatories and
10
Requests for Production. These requests w ere also sent by legal m essenger to Jason
11
12
a copy of the legal m essenger slip showing that the Interrogatories and Requests for
13
Production of Documents w ere received at the Law Offices of Benjamin and Healy on
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Dec. 22, 201 4. The Interrogatories and Requests for Production I sent clearly stated a
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at the courthouse. Jennifurs attorney said he would have the requested information to
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To
date,
G A IN T N E R .
no
discovery
responses
have
been
received
from
JE N N IF U R
My client should receive fees and costs associated with our efforts to
Land pursuant to C R
34 to
25
Notice. This Request for Notice of Entry Upon Land pursuant to C R 34 was received by
2
home appraised.
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5
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court a specific date and time for the Appriasal which is convenient for my appraisers
schedule.
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I am asking the
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Signed at / / 9 C O P ^
, W A, on February
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Motion to Compel - 3
G aintner, Brian and G aintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Pleadings\Motion for Order to Compel.doc
FAUBION, REEDER,
FRALEY, & COOK, P.S.
5920-1 0 0 th St. SW #25
Lakewood, WA 98499
253-581-0660
Sally DuCharme
From:
Sent:
To:
Cc:
Subject:
Attachments:
Sally DuCharme
Thursday, December 18, 2014 2:58 PM
'Jason Benjamin'; 'Melissa Goins'; 'Elaine Andrus'
Daniel Cook; Sally DuCharme
Gaintner Dissolution
2014.12.18 Itr to OC.pdf; Rogs and RFP to OP.pdf
Mr. Benjamin, Melissa and Elaine, please find attached correspondence from Dan Cook in this matter. Also attached are
Mr. Gaintner's Interrogatories and Requests for Production of Documents.
Sally DuCharme
Legal Assistant to Daniel N. Cook
Faubion.Reeder, Fraley &Cook P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
(253)581-0660 phone
(253) 581-0894 fax
s d u ch atm e@ fir-law .cQ m
This communication including any attachments contains information that may be confidential and/or protected by attorney-client
privilege or work-product doctrine, in addition, you are not authorized to print, copy, retransmit, disseminate, or otherwise use this
information in any fonn without first receiving specific written permission from the author of this communication. If you are not the
intended recipient, please notify Daniel Cook and delete this message.
1
2
3
4
5
6
7
8
9
10
NO. 14-3-03909-2
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13
BRIAN GAINTNER
Petitioner,
and
INTERROGATORIES AND
REQUESTS FOR PRODUCTION
DUE DATE: Januarv 20.2015
JENNIFUR GAINTNER
Respondent.
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ASKING PARTY:
AN SW ER IN G PARTY:
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information without unreasonable expense to the answering party. They do not change
21
existing law relating to interrogatories nor do they affect the answering partys right to
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If asked to ID EN TIFY A PERSO N , give the persons name, last known residence
and business address, telephone numbers, and company affiliation at the date of the
transaction referred to.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 1 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Galntner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phong: (253) 581-0660
If asked to IDENTIFY A DO CUM ENT, attach a copy of the document unless you
2
explain why not. If you do not attach the copy, describe the document, including its date
3
and nature, and give the name, address, telephone number, and occupation of the
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5
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plan, whether vested or not, as well as bank accounts, credit union accounts, brokerage
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DEBT means any obligation, including debts paid since the date of separation.
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You must answer these interrogatories under oath within 30 days, in accordance
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unprivileged information of your attorneys or under your control. If you dont know, say so.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 2 of 13
Gaintner, Brian and Gaintner, Jennifur
S :\C A SES 1\G aintneAD R A FTS\D iscovery\R O G sandR FPstoO P.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
If an interrogatory is answered by referring to a document, the document must be
2
attached as an exhibit to the response and referred to in the response. If the document
3
4
5
has more than one page, refer to the page and section where the answer can be found.
If an interrogatory cannot be answered completely, answer as much as you can,
state the reason you cannot answer the rest, and state any information you have about the
unanswered portion.
OATH
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9
10
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Your answers to these interrogatories must be under oath, dated, and signed.
DISCOVERY CONFERENCE
If answers to these interrogatories and requests for production are not received
by January 20, 2015, a telephone discovery conference (CR 26) is hereby scheduled for
13
January 22, 2015, at 1:30 p.m. If the Responding Party is not available on this date, the
14
Responding Party shall promptly contact Daniel Cook to reschedule the conference to a
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1. Personal History. State your full name, current residence and work addresses,
social security number, date of birth, any other names you have used and the dates
during which you used each name.
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25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 3 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253)581-0660
1
2
2. Current Employment. W here are you currently employed? For your current job, list
your job title, hours worked, rate of pay (wage or salary), and months or years on the job.
3
4
5
3. Work History. W hat types of jobs have you held in the past? For each job, list your
job title, hours worked, rate of pay (wage or salary), and months or years on the job.
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9
4. Education. W hat is the highest level of education that you have achieved? If you
10
have attended college or vocational school or earned a degree beyond a high school
diploma or GED, list your area of study or type of vocation or degree earned.
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12
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5. Job Search. For each and every job, employment opportunity, internship, or
volunteer position have you applied for since July 2013? List the following:
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d. Salary
employer.
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6. Persons Sharing Residence. State the name, date of birth, and relationship to you
of each person at your present address and their gross monthly income.
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 4 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
2
3
7. Support Received for Others. State the name, age, address, and relationship to
you of each person for whom you have received support during the past twelve months,
the amount received per month for each person and the source of the support.
4
5
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8. Current Income. Identify all income you have received during the past twelve
months, its source, the total amount received from each source and the information you
used to answer this question.
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13
9. Other income. During the past twelve months have you received support,
compensation, gifts or other cash or property from any source other than those
identified in the questions above? If so, list the type of support, compensation, gifts, or
other cash, the date received, the source and the value of the property. Attach copies of
all documents supporting your answers.
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17
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10. Banking Accounts: Please identify each and every bank account in which you have
any interest, whether checking, savings, investment, retirement, educational, and
regardless of whose name appears on the account. State, the name and address of the
financial institution, the account number, the balance in the account as of the date of
separation, and the current balance in the account.
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11. Attorney Fees. State the total amount of attorney fees and costs incurred by you in
this proceeding, the amount paid, the source of money paid, and describe the billing
arrangements.
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 5 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
2
12. Witnesses. State the names, addresses, and telephone numbers of any lay or
expert witnesses with knowledge of any facts of this case and whom you reasonably
expect to testify at trial.
3
4
5
6
7
13. Agreements. W ere any agreements between you and your spouse made before or
during your marriage or after your separation that affect the disposition of assets, debts,
or support in this proceeding? If yes, for each agreement state the terms, the date
made, whether it was written or oral and attach a copy of the agreement or describe its
content.
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9
10
11
14.Legal Actions. Are you a party or do you anticipate being a party to any legal or
administrative proceeding other than this action? If your answer is yes, state your role in
the proceeding and the name, jurisdiction, case number and brief description of each
proceeding.
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13
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15. Property Values. For every asset worth more than $500, please state the basis of
the value claimed on the attached Schedule of Assets. During the past 24 months, have
there been any appraisals or offers to purchase any of the assets listed in your
Schedule of Assets and Debts? If yes, identify the asset and state the amount and
source of the appraisal or offer. Attach a copy of each appraisal or offer.
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16. Separate Property or Debts. Identify each property or debt you admit or claim is
the separate asset or debt, whether in whole or in part, of either you or your spouse and
state all the supporting facts.
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17. Property Held by Others. Is there any property titled in another person or entitys
name, or held by anyone but you or your spouse in which either of you has any interest
or control? If yes, state whether the property is shown on the Schedule of Assets and
Debts completed by you. If not, describe and identify each such asset and state its
present value and the basis for your valuation, and identify the person holding the asset.
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 6 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
1
2
3
4
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6
19. Disproportionate Award. Will you claim you should be awarded more than 50% of
the marital estate? If yes, please state all of the support facts for your request.
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20. Claims of Reimbursement. Do you claim the right to be reimbursed by your spouse
for any expenditures of your separate or community property? If your answer is yes,
state the claim and all the supporting facts.
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21. Credits for Reimbursement. Do you claim reimbursement credits for payments
made by you on community debts since the date of separation? If yes, identify the
creditor and state the date of the payments, the amount paid, the source of funds used
to make the payments and any amounts you have added to the debt since the
separation from your spouse.
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22. Insurance. Identify each health, life, automobile, and disability insurance policy or
plan that you now own or that covers you, your children, or your assets. State the
insurance company, policy type, policy number and the insurance agents name,
address and phone number.
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21
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23. Police Reports. State the date, type of incident, and outcome of each incident in
which you, or any adult member of your household, were identified either as a victim or
a suspect in a matter involving alleged violation of any State or Federal law.
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 7 of 13
FAUBION, REEDER,
FRALEY & COOK P.S.
1
2
24. Monthly expenses. State the amounts paid on an average monthly basis for the
following expenses of your household.
Rent/Mortgage:
Parking:
Heat:
Electricity:
Other uninsured
expenses:
Water/Sewer/Garbage:
Telephone:
Cable:
Food:
Gifts:
Daycare/Babysitting:
Life insurance:
19
Childrens Clothing:
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Vehicle payments/leases:
22
Vehicle insurance/licenses:
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Vehicle
maintenance:
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5
6
7
8
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11
health
care
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24
gas/oil/ordinary
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 8 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
3
4
5
6
Please list all assets, whether personal or real property, or separate or community
property.
Assets:
Identify
the asset:
Date
acquired:
Amount Paid
At Purchase:
Source of
Funds:
Purchase
price:
Current
value:
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REQUESTS FOR PRODUCTION - Page 9 of 13
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S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
Debts:
3
4
Creditors name
and address:
Asset/Reason to
acquire debt:
Date of
Transaction(s):
Balance due on
July 2013
Current
Balance due
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 10 of 13
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S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
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1. Complete income tax returns, with all related forms, schedules, worksheets and
attachments (e.g., W-2s, Schedule A, etc.) filed during the last two years in your
name (or on which you were named as a dependent), or in the name of any or
organization in which you had more than a 5% interest.
2. All records evidencing any income you, or any adult member of your household,
have received as ordinary wages and salary or which indicate a right to receive any
income during the past four months, and during the last four months of your most
recent employment.
3. All records evidencing any income you have received other than income received
from your ordinary wages and salary or which indicate a right to receive any income
during the past twelve months.
4. All banking account statements for the past 18 months for any and all bank accounts
identified above (Interrogatory 12), or any other account in which you claimed any
ownership or upon which you had signature privileges from June 2013, to the
present.
5. All account statements for any and all debts you owe, individual or jointly with
another person, including but not limited to: credit cards, retail merchant accounts,
mortgage, home equity lines, or other credit accounts from June 2013 to the present.
6. All periodic statements for the past 12 months and all plan summary documents for
any and all retirement or other benefits identified above (Interrogatory 19), or any
retirement, disability or other benefit in which you claimed any ownership or upon
which you had signature privileges during the marriage.
7. All documents verifying your answers to interrogatory number 5 Gob search efforts
since date of separation).
This includes copies of all applications you have
submitted, emails sent to potential employers and letters/email responses received
back from potential employers.
8. All police reports in which you, or any adult member of your household, were
identified either as a victim or a suspect in a matter involving alleged violation of any
State or Federal law.
9. All documents which will be exhibits at trial, or which you reasonably intend to use at
trial for any purpose.
10. All reports of any private investigator you have hired in connection with this matter.
11 .All reports of experts you reasonably expect to call to testify at trial.
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 11 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
5920 100th Street SW, Suite 25
Lakewood, WA 98499
Phone: (253) 581-0660
CERTIFICATE OF FORWARDING
2
4
5
DANIEL COOK
W SBA No 34866
7
VERIFICATION OF RESPONSES
8
STATE OF W A SH IN G TO N
9
C O U N TY O F ___________
)
) ss.
)
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JENNIFU R G AINTN ER, being first duly sworn upon oath, deposes and says:
That she is the Respondent in the above-entitled action. And that:
1) I am the individual to whom these interrogatories are addressed,
2) I have read the foregoing answers to the interrogatories and know the
contents thereof,
3) The foregoing answers to the interrogatories and responses to requests for
production of documents are true, correct and complete, and
4) I have used reasonable diligence to obtain and provide all documents
requested in the requests for production and to the extent not produced the documents
do not exist, are not under my control, or could not be obtained with reasonable
diligence.
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JE N N IFU R G AINTN ER
22
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My commission expires:______________
25
INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 12 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
3
4
5
6
I hereby certify that I have read the foregoing Answers to Interrogatories and
Responses to Request for Production, that they are in compliance with CR 26(g)(1, 2 &
3) and that the original of the Answers to Interrogatories and Responses to Request for
Production have been forwarded by mail or messenger on the date stated below to the
Asking Party.
Date
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INTERROGATORIES AND
REQUESTS FOR PRODUCTION - Page 13 of 13
Gaintner, Brian and Gaintner, Jennifur
S:\CASES1\Gaintner\DRAFTS\Discovery\ROGs and RFPs to OP.doc
FAUBION, REEDER,
FRALEY & COOK P.S.
O O 0
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14-3-03909-2
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EXHIBIT
Sally DuCharme
From:
Sent:
To:
Cc:
Subject:
Daniel Cook
Wednesday, February 04, 2015 4:58 PM
Jason Benjamin
Sally DuCharme; Melissa Goins
Gaintner - discovery
Jason,
This message is to confirm our discovery conference at the courthouse yesterday. We discussed the past-due discovery
in this case (due January 20, 2015) and you said you needed another week to get the information to me. Please have
the information to me by Friday, February 13, 2015.
Thank you.
Sincerely,
Dan Cook
DANIEL N. COOK
Faubion, Reeder, Fraley & Cook P.S.
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Telephone: 253-581-0660
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1
2
3
4
5
6
7
8
10
11
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BRIAN GAINTNER
NO. 14-3-03909-2
13
14
15
16
Petitioner,
and
JENNIFUR GAINTNER
___________________________Respondent.
TO:
AND TO:
JENNIFUR GAINTNER
JASON BENJAMIN, Attorney of Record
17
PLEASE TAKE NOTICE that, pursuant to Civil Rule 34, you are hereby requested in
18
connection with the above-entitled cause of action that at a time to be determined by the
19
appraiser and to be subject to continuance or adjournment from time to time or place to place
20
until completed, you permit Petitioner and/or his designee entry upon land commonly known
21
as and situate at 7601 - 76th Ave SW, Lakewood W A 98498, for the purpose of real property
appraisal.
22
23
24
25
Request To Permit Entry Upon Land - Page 1
L/\. null
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E-FILED
IN COUNTY CLERK'S OFFICE
PIERCE COUNTY, WASHINGTON
February 25 2015 2:48 PM
KEVIN STOCK
COUNTY CLERK
NO: 14-3-03909-2
BRIAN GAINTNER
No. 14-3-03909-2
Petitioner(s),
NOTE FOR MOTION DOCKET
vs.
JENNIFUR GAINTNER
Respondent(s)
Please take notice that the undersigned will bring on for hearing a motion for:
Pierce County Superior Court, County-City Building - 930 Tacoma Ave S - Tacoma, WA 98402
Motion
Nature of Hearing: Compel
Calendar: KATHERINE M. STOLZ
Submitted by:
DATED:
Signed:
NAME:
Daniel N Cook
Phone:
(253) 581-0660
WSBA#:
For:
34866
LAKEWOOD, WA 98499-2751
1 of 1
1
For Respondent
For Petitioner
'**-o U a \ * .
RE:
4o
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Cy
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l o ' . n
DARROWSCHIESL
C'e*__DEPUTY CI FRK__
Courtroom number: 407
Calendar: C3 - SHOW CAUSE/FAMILY LAW
14-3-03909-2
BRIAN GAINTNER
Petitioner,
and
JENNIFUR GAINTNER
Respondent.
Temporary Order
(TMO)
[ ] Clerks Action Required, 3.2
[ j Law Enforcement Notification, U 3.1
3.2
A motion for a temporary order was presented to this court and the court finds reasonable cause to issue
the order.
Further, the court finds that the nonrequesting party is absent and a) is on active duty as a National
Guard member or Reservist residing in Washington, or b) is a dependent of a National Guard
member or Reservist residing in Washington on active duty. Despite the service members or
dependents absence, failure to enter the temporaiy orders below would result in manifest injustice
to the other interested parties.
III. Order
It is Ordered:
3.1
Restraining Order
3.2
Surrender of Weapons
Does not apply: There is no surrender of weapon order in effect under this cause number and the
court is not entering one now.
3.3
Temporary Relief
The prior orders remain in full force and effect except as modified herein.
The court has considered Petitioners motion to modify maintenance in light of Respondent
obtaining employment. Rather than reduce the maintenance amount has reduced the child support
amount by inclusion of the Petitioners spousal maintenance in the child support order. This
operates as a small reduction of the overall monthly payment Petitioner makes to Respondent. Both
parties shall comply with the child support order entered this date which supersedes all prior order
of child support orders which is incorporated herein by this reference.
3.4
Bond or Security
Other
Dated:
Petitioner or petitioners attorney:
A signature below is actual notice of this order.
[X] Presented by:
1
2
3
4
5
6
7
Superior Court of Washington
County of PIERCE
9
10
11
and
12
JENNIFUR GAINTNER
No. 14-3-03909-2
Petitioner,
Respondent.
13
I. Judgment Summary
14
1.1
15
Does not apply.
16
1.2
17
Does not apply,
18
II. Basis
19
2.1
Type of Proceeding
20
21
This order is entered under a petition for dissolution of marriage or domestic partnership,
legal separation, or declaration concerning validity:
22
23
24
25
2.2
2.3
Other
Doesnot apply.
3
III. Findings and Order
4
5
6
It Is Ordered:
3.1
7
8
3.2
Age
Sebastian Gaintner
12
10
11
Brian
3/26/1969
12
13
The ob ligor p a re n t m u st im m ediately file with the court and the W ashington
State C hild S up port R egistry, an d update as necessary, the Confidential
Inform ation Form required by R C W 26.23.050.
14
15
16
17
18
19
For purposes of this Order of Child Support, the support obligation is based upon the
following income:
20
A.
21
22
23
24
3.3
25
Lakewood, W A 98499
The obligee m u st im m ediately file with the court an d the W ashington State
C hild S upport R eg istry an d update as necessary the C onfidential
Inform ation Form required b y R C W 26.23.050 .
3
4
The obligee shall update the inform ation required b y paragraph 3.2
prom ptly after a n y change in the inform ation. The duty to update the
inform ation continues as long as any m onthly support rem ains due o r any
unpaid s u p p o rt debt rem ains due under this order.
5
6
For purposes of this Order of Child Support, the support obligation is based upon the
following income:
7
8
A.
The obligor may be able to seek reimbursement for day care or special child rearing
expenses not actually incurred. RCW 26.19.080.
10
11
3.4
13
14
15
3.5
Name
Sebastian Gaintner
18
T o ta l M o n t h ly T r a n s f e r A m o u n t
19
Amount
$852.60
$852.60
20
21
22
23
25
Transfer Payment
The obligor parent shall pay the following amounts per month for the following child:
17
24
Service of Process
Service o f process on the obligor a t the address required by paragraph 3.2
o r any updated address, o r on the obligee a t the address required by
paragraph 3.3 o r any updated address, m ay be allo w ed o r accepted as
adequate in a n y proceeding to establish, enforce o r m odify a child support
order betw een the parties by delivery o f written notice to the obligor or
obligee a t the last address provided.
12
16
3.6
Standard Calculation
$ 8 5 3 p e r m o n th .
( S e e W o r k s h e e t lin e 1 7 .)
3.7
3
4
3.8
5
6
3.9
3.10
10
11
Incremental Payments
Does not apply.
3.11
12
13
14
Jennifer Gaintner
15
A party required to make payments to the Washington State Support Registry will not
receive credit for a payment made to any other party or entity. The obligor parent shall
keep the registry informed whether he or she has access to health insurance coverage
at reasonable cost and, if so, to provide the health insurance policy information.
16
17
Any time the Division of Child Support is providing support enforcement services under
RCW 26.23.045, or if a party is applying for support enforcement services by signing the
application form on the bottom of the support order, the receiving parent might be
required to submit an accounting of how the support, including any cash medical
support, is being spent to benefit the child.
18
19
20
21
22
23
24
25
1 st
3.12
under Chapter 26.18 R C W must be entered and support payments must be made to the
Support Registry.]
3.13
Termination of Support
3
Support shall be paid provided that this is a temporary order, until a subsequent child
support order is entered by this court.
4
5
3.14
The right to request post secondary support is reserved, provided that the right is
exercised before support terminates as set forth in paragraph 3.13.
7
8
3.15
9
10
11
12
3.16
13
14
3.17
Father shall claim the exemptio in even years and mother shall claim the exemption in
odd years - subject to order on contempt from February 3, 2015.
16
18
19
20
21
22
23
24
15
17
Periodic Adjustment
3.18
3.18.1 Health Insurance (either check box A (1) or check box A(2) and complete
sections B and C. S e c tio n D a p p lie s in a ll cases.)
A.
Evidence
(1)
There is insufficient evidence for the court to determine which parent
must provide coverage and which parent must contribute a sum certain.
Therefore, the court is not specifying how insurance coverage shall be
provided. The petitioner's and respondent's medical support obligations
may be enforced by the Division of Child Support or the other parent
under RCW 26.18.170 as described in paragraph 3.18.2, below.
25
Order of Child Support (T M O R S , O R S ) - P ag e 5 of 9
W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2
B.
JENNIFUR
(Parent's Name)
[ ]
...
..
[ ]
7
[ ]
8
10
[ ]
[X]
11
12
[ ]
13
14
15
[ ]
[ l
16
17
18
________11
_________u _________
19
C.
Parties' obligations:
20
The court makes the following orders:
21
22
23
BRIAN
(Parent's Name)
JENNIFUR
(Parent's Name)
[ ]
[ ]
24
25
1
[ ]
[ ]
3
4
5
[X]
[ ]
[ ]
[ ]
7
8
10
11
12
[ ]
[ ]
[ ]
[X]
13
14
15
16
17
[ ]
[ ]
18
19
(Only one parent may be excused.)
20
21
22
23
24
25
D.
1
A parent who is required under this order to provide health insurance coverage is
liable for any covered health care costs for which that parent receives direct
payment from an insurer.
A parent who is required under this order to provide health insurance coverage
shall provide proof that such coverage is available or not available within 20 days
of the entry of this order to the other parent or the Washington State Support
Registry if the parent has been notified or ordered to make payments to the
Washington State Support Registry.
4
5
6
7
8
You may have separate obligations to provide health insurance coverage for the
child(ren) under federal law.
10
11
12
13
14
15
16
17
18
2.
19
20
21
22
23
24
3.
A parent seeking to enforce the obligation to provide health insurance coverage may
apply for support enforcement services from the Division of Child Support; file a motion
for contempt (use form W P F DRPSCU 05.0100, Motion/Declaration for an Order to
Show Cause re Contempt); or file a petition.
25
O rder of Child Support (T M O R S , O R S ) - P age 8 of 9
W P F DR 0 1 .0 5 0 0 M andatory (6 /2 0 1 4 ) - R C W 2 6.09.175; 2 6 .2 6 .1 3 2
3.19
Both parents have an obligation to pay their share of uninsured medical expenses.
The petitioner shall pay 60.0% of uninsured medical expenses (unless stated
otherwise, the petitioner's proportional share of income from the Worksheet, line
6 ) and the respondent shall pay 40.0% of uninsured medical expenses (unless
stated otherwise, the respondent's proportional share of income from the
Worksheet, line 6 ).
3
4
5
6
3.20
3.21
9
Unpaid medical support that may be owed is not affected by this order.
Back interest that may be owed is not affected by this order.
10
11
3.22
12
Other obligations that may be owed are not affected by this order.
Back interest that may be owed is not affected by this order.
13
14
3.23
15
Other
Does not apply.
16
17
Dated:
44
18
Approve,
Notice
19
20
torWURT COMMISSIONER
Daniel N Cook
Signature of Party or Lawyer/WSBA No.
________________ 25133
Jaso'n f Benjamin
S ig n ati/e of Party or Lawyer/WSBA No.
21
22
23
24
25
Order of Child Support (T M O R S , O R S ) - P age 9 of 9
W P F DR 0 1 .0 5 0 0 Mandatory (6 /2 0 1 4 ) - R C W 26.09.175; 2 6 .2 6 .1 3 2
ived:
(CSWP)
Father Brian
Case No. 14-3-03909-2
Father
$9,066.70
Mother
$2,253.30
$1,415.00
$9,066.70
$3,668.30
$1,770.51
$693.61
$40.65
$172.37
$1,415.00
-
$3,879.12
$213.02
$3,455.28
$5,187.58
$8,642.86
* v
$1,441.00
.600
.400
$864.60
$576.40
$1,226.00
$864.60
$576.40
Part III: Health Care, Day Care, and Special Child Rearing Expenses (see Instructions, page 8 )
Father
$30.00
Mother
_
$30.00
$30.00
$30.00
14. Each Parent's Obligation for Health Care, Day Care, and Special
Expenses (multiply each number on line 6 by line 13)
$18.00
$12.00
$882.60 |
$588.40
$30.00
$30.00
17. Standard Calculation (line 15 minus line 16d or $50 per child
whichever is greater)
$852.60
$588.40
$2,334.41
$1,554.88
$216.15
$144.10
18. 45% of each parent's net income from line 3 (.45 x amount from
line 3 for each parent)
19. 25% of each parent's basic support obligation from line 9 (.25 x
amount from line 9 for each parent)
Father's
Household
Mother's
Household
Father's
Household
Name/age:
Paid [ ] Yes [ ] No
Name/age:
Paid [ ] Yes [ l No
Name/age:
Paid [ ] Yes [ ] No
25. Other Child(ren) Living In Each Household
(First name(s) and age(s))
26.
Mother's
Household
.